2120132 (Refugee)

This matter concerned an application for a protection visa by a citizen of Vietnam. The applicant claimed he would face harm in Vietnam due to his religious beliefs as a Catholic and his political opinion, including alleged membership in the Viet Tan political group. The applicant also asserted he would return as a failed asylum seeker. The Administrative Appeals Tribunal (AAT) considered the applicant's claims, which included attending unregistered house churches, being detained and forced to sign a document by authorities in 2012, his family being harassed, and his participation in Vietnamese rallies in Australia.

The AAT was required to determine whether the applicant would suffer harm in Vietnam based on his religion and political opinion, and whether he met the criteria for a protection visa. This involved assessing the credibility of his claims regarding his religious activities, the raid on his place of worship, his subsequent detention and fear of authorities, and his alleged political affiliations. The Tribunal also had to consider the complementary protection criterion under section 36(2)(aa) of the Act, which applies if a non-citizen faces significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal concluded that the matter should be remitted for reconsideration. While it acknowledged the applicant's claims and the supporting evidence, including letters from various Vietnamese community and religious groups, and photographic evidence of his political activity, the provided text does not detail the specific reasoning for the remittal. However, it indicates that the Tribunal took into account Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments. The Tribunal's decision to remit suggests that further consideration of the evidence or legal principles was necessary to determine the risk of harm.