2120133 (Refugee)

The applicant sought review of a decision to refuse a protection visa. The applicant, a Vietnamese national, claimed a well-founded fear of persecution on the basis of political opinion, imputed political opinion due to association with the Viet Tan organisation, membership in the International Youth Movement for Human Rights, and membership in a family unit of a recognised refugee. The delegate had refused the visa, finding no evidence that the applicant's activities had come to the attention of the Vietnamese government or that they would be persecuted due to their faith or political activities.

The court was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under s 5J(1) of the Migration Act 1958 (Cth), and if there was a real chance of persecution upon return to Vietnam. Alternatively, the court had to consider if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant would suffer significant harm under s 36(2A) of the Act.

The court considered extensive documentary evidence, including statutory declarations from the applicant, media articles, and letters of support. The applicant detailed their involvement in human rights advocacy, participation in protests against the Vietnamese government, and management of a social media page associated with Viet Tan. The court noted that the Vietnamese government considers Viet Tan a terrorist organisation and actively prosecutes its members and associates. The court also considered country information regarding Vietnam's one-party state, its laws criminalising dissent, and the monitoring of online activism. The court found that the applicant had established a significant adverse profile with Vietnamese authorities due to their public criticism of the government, association with Viet Tan, and participation in human rights activities, including online. The court concluded that the applicant had a well-founded fear of persecution.

The decision under review was set aside, and the matter was remitted to the Tribunal for reconsideration.