1925187 (Refugee)

The applicant sought a Protection visa for Australia, having arrived in November 2018 and lodging his application shortly thereafter. The primary dispute concerned whether the applicant met the criteria for a Protection visa, with the Department having refused his application. The matter was reviewed by the Tribunal, presided over by Wayne Pennell.

The legal issues before the Tribunal included determining whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined by the *Migration Act 1958* (Cth). The Tribunal was also required to consider whether the applicant would face a real risk of significant harm if returned to Vietnam, and whether he was excluded from Australia's protection obligations under section 36(3) of the Act. Furthermore, the Tribunal had to assess the applicant's claims in light of the evidence provided, or lack thereof, and consider mandatory considerations outlined in Ministerial Direction No. 84.

The Tribunal's reasoning was grounded in the principle that the onus rests on the applicant to provide sufficient evidence to establish their claims for a Protection visa. While the review process is inquisitorial, the Tribunal is not obligated to seek out evidence to support the applicant's case. The Tribunal noted that the applicant had attended an appointment to provide identifying particulars but failed to submit any supporting documentation or evidence for his claims. The Tribunal also considered the applicant's declaration that he intended to travel to Vietnam, the country from which he sought protection, when applying for a Bridging visa, and acknowledged this as a relevant factor in assessing his Protection visa application.

The Tribunal affirmed the delegate's decision to refuse the Protection visa application. The Tribunal was not satisfied that the applicant had established a well-founded fear of persecution or a real risk of significant harm, and therefore found that he did not meet the criteria for a Protection visa.