1906027 (Refugee)

This matter concerned an application for a Safe Haven Enterprise visa by a Vietnamese national. The applicant, who was raised in orphanages and identified as Roman Catholic, claimed he was sent to Australia by individuals from one of the orphanages to work and raise money for them. He feared harm upon return to Vietnam from these individuals, who he alleged would force him into illegal activities or sell him, citing concerns about human trafficking and an organ black market. The applicant also expressed apprehension about practicing his religion freely in Vietnam due to restrictions on Catholicism by the Communist Party.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under s.36(2)(aa) of the *Migration Act 1958* (Cth), and if not, whether he was entitled to complementary protection. The Tribunal was required to consider the applicant's claims of persecution based on his religion and his fear of harm from traffickers, as well as the availability of effective protection measures in Vietnam.

The Tribunal reasoned that the applicant's claims warranted further consideration under the complementary protection criterion. It noted that if a person does not meet the refugee criterion, they may still be granted a visa if Australia has protection obligations due to a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal considered relevant country information and guidelines concerning refugee law and complementary protection.

Ultimately, the Tribunal concluded that the matter should be remitted for further consideration with a direction that the applicant satisfies s.36(2)(aa) of the *Migration Act*. This indicates that the Tribunal found sufficient grounds to suggest the applicant may face a real risk of significant harm upon return to Vietnam, necessitating a remittal for a final determination on his visa application.