1814665 (Refugee)

The applicant, a citizen of Vietnam, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to be a Catholic who held anti-Communist political opinions, which he alleged were imputed to him due to his religious beliefs and his participation in a protest against corruption in Vietnam. The applicant contended that he faced a real chance of persecution if returned to Vietnam.

The Administrative Appeals Tribunal was required to determine whether the applicant had established that he would, if returned to Vietnam, be a refugee within the meaning of section 5(1) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant held a Convention reason (religion or imputed political opinion) and whether he would face persecution for that reason. The Tribunal also had to consider the applicant's credibility, given inconsistencies in his evidence and the delay in his application for protection.

The Tribunal found that the applicant's evidence regarding his religious practice and his involvement in the protest was not credible. It noted significant inconsistencies in his account of events and his reasons for seeking protection. The Tribunal concluded that the applicant had not discharged the onus of proving that he held a Convention reason or that he would face persecution. Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visa.