1606293 (Refugee)

This matter concerned an application for a protection visa by a citizen of Fiji. The applicant claimed to fear military and police brutality, having been a victim of an illegal eviction and subsequently reporting the matter to a journalist. The decision reviewed was made by a Tribunal member, Christine Cody.

The primary legal issues before the Tribunal were 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, and whether Australia had protection obligations towards the applicant under section 36(2)(a) of the Migration Act 1958. This involved assessing the credibility of the applicant's claims, particularly concerning his alleged interaction with a journalist and the subsequent harassment he claimed to have experienced. The Tribunal also considered the definition of "significant harm" and the availability of effective protection measures in Fiji.

The Tribunal found that the applicant's claims regarding approaching a journalist and the subsequent harassment were new claims not previously raised with the primary decision-maker. The applicant provided inconsistent and unconvincing explanations for not raising these matters earlier, leading the Tribunal to draw an adverse inference regarding the credibility of this aspect of his claim. The Tribunal applied the principles of section 5J of the Migration Act 1958 regarding a well-founded fear of persecution and section 423A of the Act concerning the failure to provide a reasonable explanation for not raising claims earlier. It also considered Ministerial Direction No. 56 and relevant country information.

The Tribunal was not satisfied that the applicant was a person in respect of whom Australia had protection obligations under section 36(2)(a) of the Act. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.