1814721 (Refugee)

This matter concerned an application for a protection visa by a national of Vietnam. The applicant claimed to have been a victim of gang violence and had reported the perpetrators to the police, who subsequently detained and then released them. Following their release, the applicant alleged he was threatened by the gang members, leading him to hide until he could leave Vietnam. The applicant also presented further claims related to his family background, including the suspicious death of his uncle who had been an officer in the former South Vietnamese army and subsequent employment discrimination he experienced due to this familial connection. The court was required to determine whether Australia had protection obligations towards the applicant under section 36(2)(aa) of the *Migration Act 1958* (Cth), which pertains to a real risk of suffering significant harm upon removal to a receiving country.

The court considered the applicant's initial claims and the subsequent detailed information provided after he obtained legal representation. It accepted that the applicant was honest and forthright, and that the later-raised claims were not initially presented due to the applicant's reasonable belief that they were not significant in light of the immediate threat from gang retribution. The court also examined country information regarding prevalent police corruption and inaction in Vietnam, as well as the gang's links with law enforcement. The applicant's evidence regarding his uncle's history, his own employment discrimination, and his general negative opinions towards government, police, and gangs were also taken into account.

The court found that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(aa) of the *Migration Act 1958*. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criteria under that section.