1822776 (Refugee)

This matter concerned an application for a protection visa by a Vietnamese national. The applicant claimed he feared persecution upon return to Vietnam due to his Catholic faith, his participation in protests against the government, and his family's involvement in protests concerning environmental damage from toxic chemical dumping. The applicant arrived in Australia in October 2013 and lodged his protection visa application in February 2017. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J of the *Migration Act 1958* (Cth), or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Vietnam, he faced a real risk of suffering significant harm. The Tribunal was required to consider the applicant's claims in light of the evidence provided and relevant country information.

The Tribunal affirmed the decision not to grant the protection visa, concluding that there was insufficient evidence to satisfy the criteria. The applicant had been invited to a hearing to present his case and test his claims but declined the invitation, opting to accept the Tribunal's decision based on the written application alone. The Tribunal found that the applicant provided very little specific detail regarding the alleged events, such as dates, locations, or the direct impact on him, particularly concerning the confiscation of church land and the suppression of his religious practice. Without the opportunity to examine these claims, the Tribunal was unable to be satisfied that the applicant faced a real risk of persecution or significant harm upon return to Vietnam.