1610116 (Refugee)

This matter concerned an application for review of a decision not to grant protection visas to the applicants, who were citizens of Fiji. The applicants claimed they feared persecution upon return to Fiji due to their political opinions, specifically their membership in the Social Democratic Liberal Party (SODELPA) and their involvement in proceedings against the police, which they alleged were related to whistleblowing on government corruption. The Tribunal was required to consider both the refugee criterion under s.36(2)(a) of the Migration Act 1958 and the complementary protection criterion under s.36(2)(aa).

The legal issues before the Tribunal were whether the applicants held a well-founded fear of persecution for reasons of political opinion, and whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of their removal to Fiji, they would suffer significant harm. The Tribunal was also required to consider the relevant guidelines and country information, and to assess the credibility of the applicants' claims in light of the evidence presented.

The Tribunal found that the applicants did not meet the refugee criterion, as it was not satisfied they had a genuine fear founded upon a real chance of persecution for one or more of the specified reasons. Furthermore, the Tribunal determined that the complementary protection criterion was not met, as there were no substantial grounds for believing that the applicants would suffer significant harm upon return to Fiji. The Tribunal's reasoning involved a cumulative consideration of the applicants' claims and the available evidence, leading to the conclusion that Australia did not have protection obligations towards them.

Consequently, the Tribunal affirmed the delegate's decision not to grant the applicants protection visas.