2109493 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The dispute concerned whether the applicant met the criteria for a protection visa, specifically the definition of a refugee or the entitlement to complementary protection. The matter was heard by the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant faced a real chance of persecution for reasons outlined in section 5J(1)(a) of the Migration Act 1958, thus qualifying as a refugee under section 5H. Additionally, the Tribunal had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, the applicant faced a real risk of suffering significant harm, which would entitle them to complementary protection under section 36(2)(aa).

The Tribunal affirmed the decision to refuse the visa. It noted that the applicant had failed to provide any protection claims in support of her application, despite requests for further information from the Department. The only documents provided to the Tribunal were an Australian birth certificate, a Vietnamese passport, and an Appointment of Representative. The Tribunal found that these documents did not provide any current information regarding the applicant's protection claims. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for either refugee status or complementary protection.

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