1908355 (Refugee)

The applicant, a Vietnamese national, sought a protection visa. The dispute concerned whether the applicant had established a well-founded fear of persecution or a real risk of significant harm if returned to Vietnam, thereby engaging Australia's protection obligations. The matter was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the *Migration Act 1958* (Cth). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant would suffer significant harm. The Tribunal also considered the applicant's initial claims made upon arrival, subsequent expanded claims, and the relevance of country information.

The Tribunal reasoned that while the applicant's initial claims focused on economic reasons for coming to Australia, his later statements detailed involvement with an anti-government group, investigation by Vietnamese police, and fear of being identified as a "traitor" upon return. The Tribunal found that the applicant's fear of persecution was based on imputed political opinion and his association with a human rights group, which constituted a well-founded fear. It also noted that country information relied upon by the delegate was out of date. The Tribunal concluded that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the Act.

The Tribunal remitted the decision dated 2 July 2018 for reconsideration with the direction that the applicant satisfies section 36(2)(a) of the *Migration Act*. The Tribunal also set aside the decision dated 3 December 2020 and substituted it with a decision that the application dated 5 June 2020 was invalid.