2008571 (Refugee)

The applicant, a member of the Cao Dai religion, sought review of the delegate's decision to refuse his protection visa. The applicant claimed he feared persecution in Vietnam due to his religious affiliation, alleging that the Cao Dai religion promotes anti-government sentiment, that its members are monitored and discriminated against by communists, and that he would face arrest, interrogation, and torture upon return. The applicant did not attend the hearing, instead consenting to the Tribunal making a decision based on the available material, including a statutory declaration reiterating his claims.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the reasons specified in 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 removal to Vietnam, he faced a real risk of suffering significant harm as defined in section 36(2A) of the Act. The Tribunal was required to consider the applicant's claims in light of relevant country information and guidelines.

The Tribunal noted that the applicant's claims were vague and lacked particularity. Despite being invited to attend a hearing to provide oral evidence, the applicant declined and consented to the matter being decided on the papers. The Tribunal considered the applicant's statutory declaration, which repeated his claims and referenced country information indicating surveillance and harassment of independent Cao Dai branches. However, the Tribunal found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm. The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa.