1819900 (Refugee)

The Administrative Appeals Tribunal (AAT) considered an application for a protection visa made by a citizen of Vietnam. The applicant claimed to have engaged in anti-government activities in Vietnam, including participating in a demonstration where he was allegedly beaten by police and feared imprisonment and torture. He also claimed that his family informed him the police were looking for him after he travelled to Australia, and that he could not relocate within Vietnam. The Tribunal had invited the applicant to attend a hearing to present oral evidence and arguments, but he failed to attend or respond to the invitation or a subsequent letter requesting further information.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This required determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether Australia had protection obligations towards him. The Tribunal also had to consider whether the applicant could relocate within Vietnam or access effective protection there.

The Tribunal reasoned that while it accepted the applicant was a Vietnamese citizen, the mere assertion of fear did not establish its genuineness or that it was well-founded. Crucially, the applicant's failure to attend the hearing or provide further information meant the Tribunal could not assess his claims adequately. The Tribunal noted that it was not required to accept all allegations uncritically. Given the lack of evidence presented by the applicant and his non-attendance at the hearing, the Tribunal concluded that it was unable to be satisfied that the applicant had a well-founded fear of persecution or that Australia had protection obligations towards him.

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