1910124 (Refugee)

The applicant, a citizen of Vietnam, sought a protection visa, claiming he feared persecution due to his involvement in religious activities. His claims centred on his family's donation of land for a church, leading to government persecution, and his subsequent relocations and alleged mistreatment, including beatings and the death of a friend. The Administrative Appeals Tribunal (AAT) reviewed the applicant's claims, considering Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information from the Department of Foreign Affairs and Trade.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, specifically the refugee criterion under s 36(2)(a) of the *Migration Act 1958* (Cth) and, alternatively, the complementary protection criterion under s 36(2)(aa). This involved assessing the credibility of the applicant's claims regarding past persecution and the real risk of significant harm if returned to Vietnam. The court also considered whether a statutory bar applied to the applicant's second application, which would render it invalid.

The court found that the applicant's claims of persecution were not accepted in their entirety due to inconsistencies and vagueness in his evidence, including limited knowledge of religious rituals. While acknowledging the applicant's young age and limited opportunity to provide supporting evidence, the Tribunal did not accept that he faced a real risk of significant harm. The court affirmed the Tribunal's decision, finding that the applicant did not meet the refugee criterion. Furthermore, the court determined that the statutory bar did not apply because the applicant's first application was not invalid, meaning his second application was also invalid. The decision under review was affirmed.