1510146 (Refugee)

The applicant, a woman from Fiji, sought a protection visa, claiming a well-founded fear of persecution based on her imputed political opinion and her membership in a particular social group, namely women in Fiji subjected to domestic violence. The dispute centred on whether these fears were objectively reasonable and whether the Fijian state could provide adequate protection. The decision was made by the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, and whether there were substantial grounds for believing that, upon removal to Fiji, she would face a real risk of suffering significant harm. This involved assessing the credibility of her claims regarding her involvement with pro-democracy movements, the threats she allegedly faced from military soldiers, and the domestic violence she experienced.

The Tribunal found that while the applicant held a political opinion opposing the Fijian government, there was insufficient evidence to demonstrate she was of significant interest to the government or its military. It accepted that women in Fiji constitute a particular social group and that the applicant had experienced domestic violence. However, the Tribunal was not satisfied that the Fijian authorities were unable or unwilling to provide protection against domestic violence, noting that restraining orders could be obtained. Consequently, the Tribunal concluded that her fear of persecution was not objectively well-founded and that she could obtain adequate state protection, thus affirming the delegate's decision to refuse the protection visa.