1828161 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of a family from Vietnam. The primary applicant claimed to fear persecution upon return to Vietnam due to his family's strong associations with the former South Vietnamese government, which he alleged led to his grandfather's death and his father's imprisonment and hard labour. The delegate had refused the visas, finding the primary applicant would not be targeted and was unable to be satisfied of persecution based on political association, giving significant weight to the eleven-year delay between the applicant's arrival in Australia and his protection visa application.

The legal issues before the Tribunal were whether the primary applicant had a well-founded fear of persecution due to his family's connections to the former Republic of Vietnam and/or escape attempts from Vietnam, and if not, whether there were substantial grounds to believe that removal from Australia would pose a real risk of significant harm. The Tribunal also considered whether the other applicants, as members of the primary applicant's family unit, met the criteria for a protection visa.

The Tribunal found that the primary applicant's Vietnamese nationality was established. While acknowledging the significant delay in the application, the Tribunal noted that the primary applicant's claims involved serious allegations of past persecution and ongoing risks due to family history. The Tribunal also considered evidence regarding the primary applicant's mental health, which had emerged during the hearing. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the matter for reconsideration with directions that the primary applicant satisfies section 36(2)(a) of the *Migration Act 1958*, and that the second to fourth named applicants satisfy section 36(2)(b)(i) of the Act as members of the same family unit as the first named applicant.