1903169 (Refugee)

The applicant, a citizen of Vietnam, sought a protection visa in Australia after arriving in June 2016 and applying in August 2018. The applicant claimed to be a Catholic who had protested against the Vietnamese government and faced potential detention due to her and her family's protests against environmental pollution. The core dispute was whether the applicant faced a real chance of serious harm or a real risk of significant harm if returned to Vietnam.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically whether she was a refugee within the meaning of section 5H of the *Migration Act 1958* (Cth) or if Australia had protection obligations under the complementary protection criterion in section 36(2)(aa) of the Act. This involved assessing the applicant's claims of persecution based on her religious beliefs and political opinions, and whether any such persecution would constitute serious harm or significant harm as defined by the Act.

The Tribunal considered the applicant's claims of protesting the government and her family's involvement in protests against environmental damage, which she alleged put them at risk of detention. However, the Tribunal found the applicant's responses to be vague, evasive, and inconsistent, leading to a lack of satisfaction regarding her alleged debt to loan sharks or any specific profile of interest to unofficial lenders. Crucially, the Tribunal noted that at the hearing, the applicant stated she did not fall into any of the refugee or complementary protection criteria and was not involved in political or religious activities, contradicting her earlier claims. The Tribunal applied the principles of assessing a well-founded fear of persecution and the risk of significant harm, taking into account country information and relevant guidelines.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal concluded that the applicant had not satisfied the criteria for being a refugee or for complementary protection, finding insufficient evidence to establish a real risk of serious or significant harm upon return to Vietnam.