2319880 (Refugee)

The applicant, a Vietnamese national, sought a protection visa, claiming fear of persecution due to debts owed to local gangs and subsequent threats, harassment, and collusion between the gangs and local authorities. After arriving in Australia, the applicant became involved in human rights activities, joining the pro-democracy organisation Viet Tan and participating in protests against the Vietnamese government, which she believed led to her being identified as a terrorist by Vietnamese authorities. The case was before the Administrative Appeals Tribunal (AAT).

The central legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing significant harm as a necessary and foreseeable consequence of removal to Vietnam. This involved assessing the applicant's well-founded fear of persecution for reasons of political opinion, considering her involvement with Viet Tan and her social media activities, and determining if effective protection measures were available in Vietnam.

The Tribunal considered the applicant's initial claims regarding debt and threats, as well as her subsequent political activities in Australia. It noted that the applicant's involvement in protests and social media posts, which were viewed by individuals in her hometown and reported to Vietnamese authorities, could lead to her being perceived as a national security threat. The Tribunal applied the principles outlined in Ministerial Direction No. 84 and the relevant guidelines concerning refugee and complementary protection.

Ultimately, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).