1601277 (Refugee)

The applicant, an ethnic Fijian and a retired pastor, sought a protection visa on the grounds that he feared serious harm if returned to Fiji. His claims were based on two main reasons: firstly, that as a religious pastor, he was unable to preach freely due to restrictions imposed by the former military regime, leading to fears of interrogation, detention, ridicule, harassment, or torture. Secondly, he claimed membership in a particular social group of Fijians suffering from a specific medical condition, alleging that the Fiji Ministry of Health had denied him necessary medical care in the past and would continue to do so, resulting in the degradation of his life and eventual death.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, or alternatively, whether he met the criteria for complementary protection. This involved assessing the risk of serious harm, including torture, cruel, inhuman, or degrading treatment, and the availability of effective protection measures in Fiji. The court also considered the applicant's request for the Minister to intervene under section 417 of the Act due to compassionate circumstances related to his age and health.

The Tribunal affirmed the decision not to grant the applicant a protection visa. The Tribunal considered the applicant's claims regarding political opinion and membership of a particular social group, as well as the provisions for complementary protection under section 36(2)(aa) of the Migration Act 1958. It also took into account the relevant policy guidelines and country information. Ultimately, the Tribunal found that the applicant did not meet the criteria for a protection visa, and the request for ministerial intervention was not granted.