2009809 (Refugee)

This case concerned an application for a protection visa by two applicants seeking to avoid removal to Vietnam. The primary basis for their claim was that the first applicant's deceased father had been an officer in the Army of the Republic of Vietnam (ARVN) prior to 1975. The first applicant asserted that this imputed political profile meant she was classified by the Vietnamese government as an "enemy of the government," leading to her being monitored, followed, and summoned for interrogation during her time in Vietnam. The second applicant did not present independent claims.

The legal issues before the Tribunal were whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of the applicants' removal to Vietnam, they faced a real risk of suffering significant harm or a real chance of suffering serious harm. The Tribunal was required to determine if the applicants met the criteria for Australia to have protection obligations towards them as defined in the *Migration Act 1958* (Cth). This involved assessing the credibility and substance of the applicants' claims, and whether they had discharged their onus to satisfy the statutory elements of their claim.

The Tribunal considered the applicants' claims in light of relevant guidelines and country information. It noted that the applicants had not experienced harm in Vietnam and that their claims were based on the imputed political profile of the first applicant's deceased father. The Tribunal found that the applicants had not provided sufficient evidence to establish a well-founded fear of persecution or a real risk of significant harm. Crucially, the Tribunal determined that the applicants did not satisfy the criteria under section 36(2) of the *Migration Act 1958* (Cth), including any potential claims based on family unit membership.

Consequently, the Tribunal affirmed the decision not to grant the applicants a protection visa.