2119781 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, who had fled Vietnam, claimed a well-founded fear of persecution due to her illegal departure from the country and her conversion to Catholicism. She argued that her father's position in the Vietnamese Army and his membership in the Communist Party would make her a target for authorities upon return, and that her religious practice would bring shame and penalty upon her family. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of religion or political opinion, and whether Australia had protection obligations towards her under the Migration Act 1958 (Cth).

The Tribunal considered the applicant's personal circumstances, including her upbringing in a strict, non-religious household, her experiences of bullying and assault in Vietnam, and her subsequent conversion and active participation in the Catholic faith in Australia. It also considered country information regarding the treatment of returnees and religious adherents in Vietnam. The Tribunal found that the applicant's father's position as a professional serviceman and Communist Party member significantly heightened the risk of her being targeted by Vietnamese authorities for her illegal departure and religious practice. It concluded that the Vietnamese authorities would likely monitor her family, and that her father would be held accountable for any conduct perceived as opposing state or party policy.

The Tribunal was satisfied that the applicant had a well-founded fear of persecution for reasons of religion and political opinion, and that Australia had protection obligations towards her under section 36(2)(a) of the Migration Act 1958. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criteria for a protection visa.