2009742 (Refugee)

The applicant sought review of a decision not to grant her a protection visa. The applicant claimed she had borrowed money in Vietnam and could not repay it, leading to threats of death if she returned. She also stated that Vietnamese authorities would not protect her and that she could not evade her creditors by relocating within Vietnam. The Department's delegate had previously found that the applicant was not a refugee as her claims related to a private dispute and not to one of the grounds specified in s 5J(1)(a) of the *Migration Act 1958* (Cth). The delegate also found that the applicant could obtain protection from Vietnamese authorities, meaning there was no real risk of significant harm upon return.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under s 36(2) of the *Migration Act 1958* (Cth). This involved assessing whether she had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether effective protection measures were available to her in Vietnam. The Tribunal also considered the applicant's failure to appear for a scheduled video hearing and her consent to a decision being made on the papers.

The Tribunal noted that the applicant had failed to respond to the Tribunal's correspondence regarding the proposed video hearing and had ultimately consented to a decision being made based on the available material. The applicant's claims related to a private debt dispute, and she had not provided evidence to suggest her fear of persecution was based on any of the protected grounds under s 5J(1)(a) of the Act. Furthermore, the applicant had not demonstrated that she could not obtain protection from the authorities in Vietnam or that relocation within Vietnam was not a reasonable option. The Tribunal concluded that the applicant had not satisfied the criteria for a protection visa.

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