2106418 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a Vietnamese national. The applicant claimed he would face harm upon return to Vietnam due to his Roman Catholic religion, a land dispute, his involvement with a money lender, and his political profile as a low-level member of the Viet Tan.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of religion, political opinion, or membership of a particular social group, and whether Australia had protection obligations towards him under the Migration Act 1958 (Cth). Specifically, the Tribunal had to assess if the applicant would suffer significant harm if returned to Vietnam, considering the available country information and the applicant's specific circumstances.

The Tribunal accepted the evidence that the applicant is a Roman Catholic who regularly attends church. However, it found that based on credible country information, Catholics in Vietnam, particularly in the applicant's home province of Nghe An, generally do not experience societal discrimination and can practice their religion freely at registered churches. Consequently, the Tribunal was not satisfied that there was an unacceptable risk of harm to the applicant because of his religion. The decision does not elaborate on the Tribunal's findings regarding the land dispute, money lender, or political profile.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act, indicating that Australia has protection obligations towards him.