1516186 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to an applicant from Fiji. The applicant, who is of Indian ethnicity, claimed to have left Fiji due to fear, abuse, and harassment, including workplace discrimination and a lack of employment opportunities upon return. He asserted that authorities in Fiji lacked the resources to assist him.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 36(2)(a) of the Migration Act 1958 (Cth). Alternatively, the Tribunal considered whether the applicant met the complementary protection criterion under section 36(2)(aa), which requires a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal considered the applicant's claims in light of relevant country information and policy guidelines. It found that the applicant had not established a well-founded fear of persecution. The Tribunal noted that the applicant had not provided sufficient evidence to substantiate claims of systematic and discriminatory conduct amounting to persecution. Furthermore, the Tribunal concluded that the applicant had not demonstrated a real risk of significant harm upon return to Fiji, particularly in the absence of evidence suggesting that he could not reasonably relocate within Fiji or access protection from authorities. The Tribunal affirmed the decision not to grant the applicant a protection visa.