2108722 (Refugee)

The applicant, a male born in South Vietnam, sought review of the Tribunal's decision to affirm the refusal of his protection visa application. The applicant had arrived in Australia in 1985 on a special humanitarian programme visa, which was a permanent visa. His permanent visa was cancelled in 2020, and following the unsuccessful application for revocation of this cancellation, he applied for a protection visa. The Tribunal had previously affirmed the visa cancellation decision, and the applicant's subsequent protection visa application was refused by a delegate. The applicant then sought review of this refusal by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2)(a) or (aa) of the *Migration Act 1958* (Cth). This required the Tribunal to consider whether the applicant was a refugee due to a well-founded fear of persecution, or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Vietnam, he would suffer significant harm. The Tribunal also considered whether the applicant was a member of the same family unit as a person who met these criteria, as per sections 36(2)(b) and (c).

The Tribunal considered extensive country information regarding Vietnam and the applicant's personal circumstances, including his significant criminal history, periods of imprisonment, and claims of past persecution. The Tribunal noted that the applicant did not claim to be a member of the same family unit as a person who satisfied the criteria for a protection visa. Therefore, the Tribunal concluded that the applicant did not satisfy the criteria under section 36(2)(b) or (c). The Tribunal affirmed the decision not to grant the applicant a protection visa.