1909322 (Refugee)

The applicant, a national of Vietnam, sought review of a delegate's decision not to grant him a protection visa. The applicant claimed he feared persecution upon return to Vietnam due to his outspokenness against corrupt politicians and high-ranking officials, alleging he had received death threats. He also introduced claims related to owing money to a loan shark and the poor state of the Vietnamese economy, as well as a new claim based on his Catholic religion.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of political opinion or religion, or if he faced a real risk of significant harm upon removal from Australia. The Tribunal also considered the applicant's previous claims made in 2017, which did not include political activism or religious concerns, and whether these omissions impacted the credibility of his current claims.

The Tribunal reasoned that the applicant's claims regarding political opinion and religion were not substantiated. Crucially, the Tribunal noted that the applicant had not raised these concerns in a previous application in 2017, despite being in Australia since 2013. This inconsistency led the Tribunal to doubt the credibility of his current claims, suggesting that if he had genuinely feared persecution for these reasons, he would have raised them earlier. The Tribunal also considered the applicant's claims of owing money and economic hardship, but found they did not meet the threshold for significant harm under the Act.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958.