1601794 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the protection visa application of a Fijian national. The applicant claimed to fear persecution by the Fijian authorities, particularly the military, due to his opposition to the current government and his association with a Fijian separatist. He also alleged engagement in political activities in Australia and claimed that Fijian authorities had threatened to punish him and his supporters if they entered the country.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). This involved determining if the applicant had a well-founded fear of persecution for reasons of political opinion, as defined by section 5J of the Act, or if he qualified for complementary protection under section 36(2)(aa) due to a real risk of significant harm if returned to Fiji. The Tribunal also had to consider its jurisdiction regarding the applicant's two sons, who were included in the application.

The Tribunal affirmed the decision not to grant the first-named applicant a protection visa. It found that the applicant had not established a well-founded fear of persecution for reasons of political opinion. Furthermore, the Tribunal determined it had no jurisdiction in relation to the second and third-named applicants, as they were not subject to a reviewable decision.