2316563 (Refugee)

The applicant, a woman from Vietnam, sought a protection visa in Australia. She claimed to fear persecution upon return to Vietnam due to substantial debts owed to loan sharks, threats made against her family, and a history of domestic violence. The applicant also raised concerns about her ability to access essential services in Vietnam due to a criminal record acquired in Australia. The decision under review affirmed the refusal of her protection visa.

The core legal issues before the Tribunal were whether the applicant possessed a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the *Migration Act 1958* (Cth), or alternatively, whether there were substantial grounds to believe that, as a necessary and foreseeable consequence of her removal to Vietnam, she faced a real risk of suffering significant harm, as contemplated by section 36(2)(aa) of the Act.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 84 and relevant guidelines. While acknowledging the applicant's fear of loan sharks and threats to her family, the Tribunal found that these circumstances did not amount to persecution for a Convention reason. Furthermore, the Tribunal determined that the applicant did not face a real risk of significant harm. This conclusion was influenced by the applicant's criminal record in Australia, which the Tribunal considered relevant to her ability to access protection and services in Vietnam, and the lack of evidence that the loan sharks' actions constituted persecution by the Vietnamese state or its agents. The Tribunal also noted that the applicant had not established membership in a particular social group that would warrant protection.

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