2009694 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a protection visa application made by a national of Vietnam. The applicant sought to remain in Australia, asserting a fear of persecution in Vietnam due to his religious beliefs and activities as a Buddhist.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth) and schedule 2 of the Migration Regulations 1994 (Cth). This involved determining if the applicant had a well-founded fear of persecution for a Convention reason or if Australia owed him complementary protection. The Tribunal was required to assess the genuineness and well-foundedness of the applicant's claims, considering the evidence presented and relevant country information.

The Tribunal found that while the applicant was a Vietnamese national, his claims regarding fear of persecution were not sufficiently substantiated. The Tribunal noted that a mere assertion of fear does not establish its genuineness or well-foundedness, and that the applicant bears the onus of providing facts to support his claims. The applicant's stated desire to support Buddhist monks oppressed by the Vietnamese government and his fear of arrest, torture, and imprisonment upon return were not found to be well-founded based on the evidence. The Tribunal also considered the procedural aspects of the hearing, determining that a telephone hearing conducted during the COVID-19 pandemic was fair and appropriate.

The Tribunal affirmed the decision under review, meaning the applicant's protection visa application was refused.