1606584 (Refugee)

This matter concerned an application for review of a decision not to grant a protection visa to a Fijian national who had resided in Australia since childhood. The applicant claimed he would be killed if returned to Fiji, but provided very limited details regarding the basis of this fear, stating only that it was personal and that he could not elaborate further. The applicant had a criminal record in Australia, and his previous Child visa had been cancelled, leading to his detention.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution or faced a real risk of significant harm if returned to Fiji, as required for the grant of a protection visa under sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth). This involved assessing the applicant's claims against the relevant legal criteria, including the definition of significant harm and the availability of effective protection measures in Fiji.

The Tribunal considered the applicant's limited evidence, noting that he had been unable to provide specific reasons for his fear of returning to Fiji, stating it was "probably both" that he did not know or could not say why he would be killed. The Tribunal applied the principles that the applicant bears the onus of establishing his case in sufficient detail and that criminal matters have limited relevance to protection claims. Given the lack of specific information to substantiate his claims of a real risk of persecution or significant harm, and despite his long residence in Australia and family ties, the Tribunal found that the applicant had not satisfied the criteria for a protection visa.

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