2018339 (Refugee)

The Administrative Appeals Tribunal reviewed a decision concerning a Vietnamese applicant seeking a protection visa. The applicant, a practising Catholic, arrived in Australia in 2013 after departing Vietnam illegally due to fears of persecution. She claimed that the Vietnamese government was targeting Catholics in her home province, citing instances of excessive force, confiscation of church land, and assaults on parishioners. She also feared arrest and imprisonment for her illegal departure, with a specific concern about potential sexual assault in detention due to her gender.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution or a real risk of significant harm if returned to Vietnam. This involved assessing her claims related to her religious beliefs, her association with the Catholic church, and her fear of detention and mistreatment by authorities. The Tribunal also considered the country information provided by the Department of Foreign Affairs and Trade regarding the treatment of Catholics and individuals who depart Vietnam illegally.

The Tribunal acknowledged that its review was to be conducted anew, considering all available material and acting according to substantial justice. While the Tribunal is not bound by strict legal rules, the onus remained on the applicant to establish her claims with sufficient evidence. The Tribunal noted that the mere assertion of fear does not automatically establish its genuineness or well-foundedness. The Tribunal was satisfied that the applicant did not have a right to enter and reside in another country, and therefore was not excluded from Australia's protection obligations.

The Tribunal remitted the decision for reconsideration.