1907483 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Vietnam. The applicant claimed to have been threatened by Vietnamese police for expressing concerns about China's invasion of the Spratly and Paracel Islands and the Vietnamese authorities' inaction. The applicant alleged he would suffer harm and mistreatment from Vietnamese authorities due to their desire not to upset Chinese Communists. The Administrative Appeals Tribunal (the Tribunal) reviewed the delegate's decision to refuse the visa.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or alternatively, whether Australia had protection obligations under the complementary protection criterion. This involved assessing the applicant's claims in light of the country information available regarding the risks faced by individuals expressing political opinions in Vietnam, and considering any credibility concerns. The Tribunal also had regard to Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines.

The Tribunal found that the applicant had failed to provide any supporting documents or evidence to substantiate his claims. Furthermore, the applicant had not provided further information to support his claims since the delegate's initial refusal. The Tribunal noted that while certain political activities and expressions of opinion are sensitive in Vietnam, the country information suggested that a low-profile activist would at best face detention for a short period and subsequent release. The Tribunal concluded that the applicant had not established a well-founded fear of persecution, nor had he demonstrated a real risk of significant harm as required for complementary protection.

The Tribunal affirmed the decision under review.