1611139 (Refugee)

The applicant, a national of Fiji, sought protection in Australia after his bridging visa expired. He lodged his claim for protection in July 2014, having arrived in Australia in February 2012 on a temporary visa. The Tribunal was required to assess his claims against Fiji as his country of nationality and the receiving country.

The legal issues before the Tribunal included whether the applicant had a well-founded fear of persecution based on race or ethnicity, political opinion, or membership of a particular social group. Specifically, the applicant claimed that as an Indo-Fijian, he had experienced persecution and hardship following a coup in Fiji, including land resumption and the demolition of houses, leading to physical and verbal abuse. He also expressed a fear of further harm, including physical assault, should he return to Fiji, particularly in light of an upcoming election and the possibility of another coup, and expressed doubt about the authorities' ability to protect him.

The Tribunal considered the applicant's background, including his difficult childhood, struggles with alcohol, and periods of homelessness, as well as his subsequent efforts to gain qualifications and maintain good character in Australia. It also took into account the applicant's written claims regarding his reasons for leaving Fiji, his experiences of persecution as an Indo-Fijian, and his fears upon return. The Tribunal was required to assess these claims in accordance with Ministerial Direction No. 56, which mandates consideration of relevant guidelines and country information assessments.

The Tribunal affirmed the decision under review.