WAID v Minister for Immigration & Multicultural & Indigenous Affairs

In the case of WAID v Minister for Immigration & Multicultural & Indigenous Affairs, the applicant, a Vietnamese national, sought review of the decision of the Refugee Review Tribunal affirming the delegate’s decision to refuse a protection visa. The applicant had been in Australia under a migrant visa, but faced deportation due to criminal convictions. He claimed that his return to Vietnam would endanger his life due to his political activities and Christian faith, which he adopted only after facing deportation.

The legal issues the court had to decide were whether the Tribunal erred in its assessment of the applicant's credibility, the reliability of the evidence regarding the situation of Christians in Vietnam, and whether the applicant would be persecuted if returned to Vietnam. The court examined the applicant's criminal history, his conversion to Christianity, and the evidence presented about the status of Christians in Vietnam. The court considered whether the applicant's conversion was genuine and whether the evidence supported a finding that he would be persecuted if deported.

The court found that the Tribunal had correctly assessed the applicant's credibility, noting that he appeared lucid and capable of understanding the proceedings. It accepted that the applicant had converted to Christianity and that his religion formed a significant minority in Vietnam. However, it found that the reports submitted by the applicant were not entirely reliable, particularly those from sources with an anti-communist bias. The court relied on information from the US Department of State and other credible sources, which indicated that while there are challenges for religious minorities in Vietnam, there was no evidence that Christians, as a group, faced systematic persecution.

The court concluded that the Tribunal's decision was correct and dismissed the applicant's appeal. It ordered that the applicant pay the respondent’s costs of the application.