1517812 (Refugee)

The applicant, a national of Fiji, sought a protection visa, claiming she feared persecution due to her imputed political opinion as a supporter of the Social Democratic Liberal Party (SODELPA). She alleged that she had assisted a relative's candidacy in the 2014 Fijian elections by distributing flyers, promoting the candidate, and donating to the campaign. The applicant also claimed to have experienced physical and verbal abuse and was told to leave her village, asserting she could not express her political views without victimisation and feared renewed risk in the lead-up to future elections.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). Specifically, the court had to assess whether the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by section 5J of the Act, and whether any such fear related to all areas of Fiji. The court also considered the applicant's claims regarding her economic welfare and the impact of Tropical Cyclone Winston and her husband's unemployment on her situation.

The court found that while the applicant had engaged in some political activity by supporting a relative's campaign, her claims of persecution were not substantiated. The court noted that the applicant had clarified her allegations of abuse to involve swearing and a single instance of being pushed, which did not establish a well-founded fear of persecution. Furthermore, the court considered the applicant's financial reliance on remittances from Australia and her husband's unemployment, but concluded these circumstances did not, in themselves, necessitate protection under the Act. The court affirmed the delegate's decision not to grant the applicant a protection visa.