1513666 (Refugee)

The applicant sought a protection visa, claiming she feared harm if returned to Fiji due to a history of domestic violence perpetrated by her former husband. The dispute concerned whether she met the criteria for a protection visa, specifically under the complementary protection provisions. The matter was before the Tribunal for review.

The Tribunal was required to determine if the applicant faced a real risk of suffering significant harm as a necessary and foreseeable consequence of being removed from Australia to Fiji, pursuant to section 36(2)(aa) of the Migration Act 1958. This involved assessing whether the harm she feared constituted "significant harm" as defined by the Act and whether effective protection measures were available to her in Fiji.

The Tribunal considered the applicant's detailed account of ongoing abuse, including physical violence and psychological trauma inflicted by her former husband, which had led to hospitalisation and the traumatisation of her children. It noted that previous restraining orders had been ineffective and that her former husband had been bailed out by a relative who sided with him. The Tribunal also considered country information and policy guidelines, including Ministerial Direction No. 56. Applying the principles of complementary protection, the Tribunal found that the applicant's fear of continued violence and lack of protection from authorities in Fiji was substantial. The Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(aa).

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(aa) of the Migration Act.