1601781 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Fiji. The applicant claimed to have suffered persecution by the Fijian military, including assault and torture, and feared further harm due to his family's political affiliations with the Sodelpa Party. The delegate of the Department had refused the visa, and the applicant sought review by the Tribunal.

The Tribunal was required to determine whether the applicant met the criteria for a Protection visa under section 36 of the Migration Act 1958. Specifically, the Tribunal had to assess whether the applicant had a well-founded fear of persecution for a Convention reason (section 36(2)(a)), or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, the applicant would suffer significant harm (the complementary protection criterion under section 36(2)(aa)).

The Tribunal considered the applicant's claims of past persecution and his fear of future harm. It noted inconsistencies in the applicant's evidence regarding the timeline of events and the nature of the military's interest in him and his family. While acknowledging the political context in Fiji and the concerns raised by supporting documents regarding the Sodelpa Party and potential government reprisals against its supporters, the Tribunal found that the applicant had not established a well-founded fear of persecution for a Convention reason. Furthermore, the Tribunal concluded that the applicant had not demonstrated a real risk of suffering significant harm upon return to Fiji, particularly in light of the available evidence and the provisions of sections 36(2A) and (2B) of the Act.

The Tribunal affirmed the decision not to grant the applicant a Protection visa.