1824631 (Refugee)

The applicant sought a protection visa, claiming entitlement to Australia's protection on refugee or complementary protection grounds. The case was heard by a member of the Tribunal, Luke Hardy.

The primary legal issues before the Tribunal were whether the applicant met the criteria for being a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, whether she faced a real risk of significant harm if removed from Australia to Vietnam, thereby qualifying for complementary protection under section 36(2)(aa).

The Tribunal Member noted that the mere assertion of a fear of persecution or risk of harm does not establish its genuineness or well-foundedness. It is incumbent upon the applicant to specify and establish the particulars of their claim with sufficient evidence. The Tribunal is not obliged to construct or assist in establishing the applicant's case. Having reviewed the applicant's written claims, the Tribunal Member found them insufficient to grant a favourable decision without oral examination. Consequently, the applicant failed to satisfy the Tribunal that she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, nor that there were substantial grounds for believing she would suffer significant harm upon removal to Vietnam. The applicant also did not satisfy the criteria by being a family member of a person who holds a protection visa.

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