1614783 (Refugee)

The applicant, a citizen of Fiji, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Fiji due to their religious beliefs and activities as a supporter of a Christian breakaway group.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for reasons of their religion, as defined by Article 1A(2) of the Refugee Convention. This required the court to assess the applicant's subjective fear and the objective reasonableness of that fear, considering the real chance of harm.

The court considered evidence regarding the political and social climate in Fiji, particularly concerning religious freedom and the treatment of members of minority religious groups. It was noted that while the applicant held genuine religious beliefs, the evidence did not establish that the Fijian authorities would fail to protect the applicant from harm, nor that the applicant would face persecution for their religious beliefs. The court found that the applicant's fear, while subjectively held, was not objectively well-founded to the standard required for a protection visa.

The application for review was dismissed.