1608202 (Refugee)

The applicant, a citizen of Fiji, sought review of a decision by the Refugee Review Tribunal (RRT) to affirm the refusal of their application for a protection visa. The applicant claimed to fear persecution in Fiji due to their political opinion, specifically their strong support for the SDL party. A key issue in the proceedings before the RRT was the applicant's failure to attend their scheduled hearing.

The primary legal issue before the court was whether the RRT had erred in law by affirming the refusal of the protection visa, notwithstanding the applicant's failure to attend the hearing. This involved considering whether the RRT had adequately assessed the applicant's claims in the absence of their direct testimony and whether the decision to affirm the refusal was reasonable in the circumstances.

The court found that the RRT had not erred in law. It was open to the RRT to proceed with the assessment of the applicant's claims based on the information before it, even without the applicant's attendance at the hearing. The RRT had considered the documentary evidence provided by the applicant, including evidence of their political affiliation and the general political situation in Fiji. The RRT's conclusion that the applicant had not established a well-founded fear of persecution was open to it on the evidence. The court therefore affirmed the RRT's decision.