1814296 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse a Subclass 866 Protection visa to an applicant from Vietnam. The applicant claimed that upon return to Vietnam, she would face imprisonment and be labelled a traitor due to having left the country, and that her family had been subjected to harassment and threats from police and government officials for money and crops, which escalated to threats against her when her father could no longer make payments.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she was a refugee or a non-citizen in respect of whom Australia had protection obligations due to a real risk of significant harm upon removal to Vietnam. This involved considering the applicant's claims of persecution based on membership of a particular social group and the potential for harassment by state and non-state actors.

The Tribunal considered the applicant's claims in light of the Migration Act 1958, including the definitions of "refugee" and "significant harm," and relevant guidelines. It found no evidence that the applicant satisfied the criteria for a protection visa under section 36(2) of the Act, nor did it find that she met the complementary protection criterion under section 36(2)(aa). The Tribunal noted that the applicant did not claim to be a member of the same family unit as a person who held a protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.