1822774 (Refugee)

This matter concerned the review of a delegate of the Minister for Home Affairs' decision to refuse to grant protection visas to the first applicant, a woman, and her daughter, the second applicant. The applicants sought protection visas based on claims related to their Catholic religion and political opinions in Vietnam, as well as concerns about financial circumstances, corruption, and lack of protection by authorities upon return. The Administrative Appeals Tribunal was required to determine whether the applicants met the criteria for a protection visa under the Migration Act 1958 (Cth), specifically whether they were refugees or persons in respect of whom Australia had protection obligations under the complementary protection criterion.

The Tribunal considered the first applicant's claims regarding her Catholic faith and her assertion of opposition to local authorities. The Tribunal found that the applicant had always practiced her Catholic religion without issue in her hometown in Vietnam and that there was no evidence of politically motivated activities that would bring her to adverse attention. Country information indicated a low risk of official harassment for Catholics belonging to registered churches who are not politically active. Consequently, the Tribunal concluded there was no real chance of serious harm or significant harm due to the practice of her religion upon return to Vietnam. The Tribunal also considered the second applicant's claims, which were largely derivative of her mother's, including concerns about financial support and corruption.

The Tribunal affirmed the delegate's decision to refuse the protection visas. It found that the first applicant had not established a real risk of significant harm based on her religious beliefs or political opinions. As the second applicant's claims were dependent on her mother's, and the mother's claims were not substantiated to the required threshold, the Tribunal determined that neither applicant met the criteria for a protection visa.