1821480 (Refugee)

The applicant, a citizen of Vietnam, sought merits review of a decision to refuse him a protection visa. The applicant had arrived in Australia in March 2010 and had remained in Australia unlawfully since February 2015, when his visa was cancelled, until he applied for protection in April 2018. His claims for protection were based on fears of harm from creditors in Vietnam, distrust in the Vietnamese judiciary and government, and general socio-economic hardship.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal to Vietnam. The Tribunal was required to consider the applicant's credibility, the consistency of his claims, and the availability of effective protection in Vietnam, taking into account relevant Ministerial Directions and country information.

The Tribunal found that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's claims of threats from creditors and general hardship, the Tribunal was not satisfied that these claims established a well-founded fear of persecution for a Convention reason, nor that there was a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal noted inconsistencies in the applicant's evidence and the fact that he had not provided additional claims or evidence beyond his initial application, which had been completed with the assistance of a friend. The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.