1930445 (Refugee)

The applicant, a national of Vietnam, sought a protection visa, claiming a well-founded fear of persecution due to his profession as a singer. The dispute centred on whether the applicant's claims of being warned by authorities and bribing them to avoid a summons, coupled with threats and a fear of harm upon return to Vietnam, established a well-founded fear of persecution for reasons of imputed political opinion or membership of a particular social group. The case was heard by Nora Lamont, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one or more of the five prescribed reasons under section 5J(1) of the Migration Act 1958, and if not, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Vietnam, he faced a real risk of suffering significant harm. The Tribunal was required to consider the applicant's claims in light of relevant country information and guidelines.

The Tribunal reasoned that while the applicant was a singer, his claims were not substantiated by the available country information. Vietnam has a vibrant music scene, including reality singing competitions, and the resurgence of previously banned music genres indicates a degree of artistic freedom. Unlike a known political singer with a high profile who had faced government issues, the applicant lacked any such profile that would attract the attention of the authorities. Consequently, the Tribunal did not accept that the applicant had been summonsed, that his parents had been contacted, or that he would face harm upon return. The Tribunal concluded that the applicant did not have a well-founded fear of persecution under section 5J(1) and did not satisfy the complementary protection criterion under section 36(2)(aa).

The Tribunal affirmed the decision not to grant the applicant a protection visa.