2200807 (Refugee)

The applicant sought a protection visa, claiming he would face arrest, imprisonment, harassment, and detention upon return to Vietnam due to his participation in anti-government protests and human rights activities in Australia. The applicant also asserted that the Vietnamese government would arrest him regardless of his location within Vietnam, rendering relocation ineffective. The delegate had accepted that the applicant attended some demonstrations and that a photograph of him appeared on the Viet Tan website, but was not satisfied that he had an adverse profile as an anti-government protester or that Vietnamese authorities would become aware of his activities.

The legal issues before the Tribunal were whether the applicant met the criteria for a refugee visa under s 36(2)(a) of the *Migration Act 1958* (Cth) or the complementary protection criteria under s 36(2)(aa) of the Act. Specifically, the Tribunal had to determine if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Vietnam, the applicant faced a real risk of suffering significant harm.

The Tribunal found that while the applicant had engaged in some protests and his photograph had appeared on a pro-democracy website, his level of participation was not sufficient to establish a well-founded fear of persecution as a refugee. However, the Tribunal concluded that the applicant met the complementary protection criteria. It was satisfied that Australia had protection obligations towards the applicant because 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 remitted the matter for reconsideration with a direction that the applicant satisfies the complementary protection criteria under s 36(2)(aa) of the *Migration Act 1958*.