1620577 (Refugee)

This matter concerned an application for protection visas by a woman and her child. The applicant claimed that she left Fiji to live with her husband in Australia and that her family would not accept her return, leaving her homeless and helpless. She further asserted that she could not live elsewhere in Fiji, that there was no life there, and that people were leaving Fiji for Australia due to political instability. The applicant also claimed her family and the community would harm and mistreat her, and that there was neither protection nor employment available in Fiji. The Tribunal considered the applicant's claims in light of the DFAT Country Information Report – Fiji, 27 September 2017, and Ministerial Direction No. 84.

The legal issues before the Tribunal were the credibility of the applicant and whether, based on her accepted claims, the criteria for a protection visa were fulfilled. Specifically, the Tribunal was required to determine if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and if Australia had protection obligations towards her under the Migration Act 1958. The Tribunal also considered whether the child applicant, as a dependent child, met the criteria for a protection visa as a member of the same family unit.

The Tribunal concluded that the applicant's claims did not establish a well-founded fear of persecution. While acknowledging the applicant's Fijian ethnicity and Methodist Christian religion, the Tribunal found that the evidence did not support her assertions of a real chance of persecution upon return to Fiji. The Tribunal noted that the applicant maintained contact with her mother and brother who resided in Fiji, and that her husband was an Australian citizen. The Tribunal was not satisfied that any of the applicants met the criteria for a protection visa under section 36(2)(a) or (aa) of the Act.

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