1905164 (Refugee)

This matter concerned a review of an application for a Safe Haven Enterprise Visa by a male applicant from Vietnam. The applicant claimed he feared arrest and harm upon return to Vietnam due to his Catholic faith, his participation in anti-government protests and social media postings, and his illegal departure from Vietnam. He also asserted that he lacked household registration and family support in Vietnam, making internal relocation an unviable option.

The primary legal issues before the Tribunal were whether Australia owed protection obligations to the applicant under section 36(2)(a) of the Migration Act 1958 (Cth) (the Act) by reason of a well-founded fear of persecution for reasons of his religion or political opinion, or under section 36(2)(aa) of the Act, concerning complementary protection due to a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal was required to consider the applicant's claims in light of relevant country information and guidelines.

The Tribunal accepted the applicant's claims that he is Catholic, has participated in anti-government protests, and that Catholics in rural Vietnam face persecution. It also accepted that the applicant is an orphan with no family support and lacks household registration, which, combined with the strong Vietnamese public security network, renders internal relocation ineffective. The Tribunal found that the harm feared by the applicant from government authorities amounted to serious harm, with his religion and political opinion being the essential and significant reasons for this harm, and that such harm was systemic and discriminatory. Consequently, the Tribunal concluded that there was no effective state protection available to the applicant and that the real chance of persecution related to all areas of Vietnam.

The Tribunal determined that the matter should be remitted for reconsideration.