1612583 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa by a citizen of Fiji. The applicant claimed he left Fiji due to threats and harassment stemming from an extramarital affair involving his wife and a soldier. He feared physical assault, abuse, and imprisonment upon return, alleging that the military and police forces in Fiji worked together, rendering authorities unable to provide protection.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) or, alternatively, whether he qualified for complementary protection. The Tribunal was required to assess the applicant's claims of fear of persecution or significant harm in Fiji, considering the evidence presented and relevant country information.

The Tribunal reasoned that the applicant had not established a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by section 36(2)(a) of the *Migration Act*. Furthermore, the Tribunal found that the applicant did not satisfy the criteria for complementary protection under section 36(2)(aa), as there were no substantial grounds to believe that he would suffer significant harm as a necessary and foreseeable consequence of being removed from Australia. The Tribunal also noted that there was no suggestion the applicant qualified as a member of the same family unit as a protection visa holder.

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