1417633 (Refugee)

The applicant sought review by the Refugee Tribunal of a decision not to grant her a protection visa. The applicant, who had lived in Fiji her entire life, claimed to fear returning due to political instability, rising crime, and her own vulnerability as an uneducated, dependent woman. She expressed anxiety about her safety, particularly at night, and a general distrust of people, noting that many Indians had left Fiji. She stated that she had not been physically harmed but felt deeply disturbed by reports of break-ins and violence, and feared she would be unable to cope if she returned.

The legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the Tribunal considered whether the applicant had established a well-founded fear of persecution or substantial harm if returned to Fiji, and whether she satisfied the requirements of section 36(2).

The Tribunal found that the applicant did not satisfy the criterion in section 36(2). It noted that there was no suggestion that the applicant qualified for a protection visa as a member of the same family unit as a person who held a protection visa under section 36(2)(a) or (aa). Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.