1831471 (Refugee)

The applicant, a national of Vietnam, sought a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically relating to claims of political opinion and membership of a particular social group based on domestic violence. The decision was made by Kate Chapple, a member of the Tribunal.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of the *Migration Act 1958* (Cth) due to a well-founded fear of persecution for reasons of political opinion, or as a member of a particular social group, specifically in relation to domestic violence and threats from an ex-husband. The Tribunal also considered whether the applicant qualified for complementary protection due to a real risk of significant harm if returned to Vietnam.

The Tribunal considered extensive country information regarding the prevalence of domestic violence in Vietnam, the societal and cultural factors contributing to underreporting, and the inconsistent response from authorities. While accepting the applicant's claim of domestic violence, the Tribunal found that the applicant had limited contact with the ex-husband since their divorce, and he resided in a different area. Furthermore, the applicant's partner and child were in Australia, with the partner's protection visa application in progress. The Tribunal concluded that the applicant did not satisfy the criteria for a protection visa under section 36(2)(a), (aa), (b), or (c) of the Act.

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