1907479 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant, a citizen of Vietnam, claimed to fear persecution upon return due to his religious beliefs as a Roman Catholic and his anti-government political opinions, which he expressed through church and community activities in Australia, and more recently, via social media. The AAT was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason and, if not, whether he met the criteria for complementary protection due to a real risk of significant harm upon removal from Australia.

The Tribunal's reasoning focused on the applicant's updated claims regarding his social media activities and their potential consequences if he were returned to Vietnam. While acknowledging the applicant's consistent assertions about his identity, ethnicity, and religious faith, the AAT found that the evidence presented, particularly concerning his social media posts and affiliations with organisations like Viet Tan, established a real chance of serious harm. The Tribunal considered that the applicant's political opinions, as expressed through these activities, were the essential and significant reason for the potential persecution he faced.

Ultimately, the Tribunal concluded that the applicant met the criteria for Australia to have protection obligations under section 36(2)(a) of the *Migration Act 1958*. Consequently, the AAT remitted the matter for reconsideration with a direction that the applicant satisfies the criteria for a protection visa.