1621365 (Refugee)

The applicant, who arrived in Australia in December 2015, sought a protection visa after his visitor visa expired in March 2016. The applicant claimed to be an ex-supporter of Christian breakaway states in Fiji and an ex-follower of Oni Kirwin, alleging past associations with secessionist organisations and a fear of severe punishment, brutality, torture, and death in custody if returned to Fiji due to his imputed political opinion. The case was heard by the Tribunal, presided over by Member David McCulloch.

The central legal issues before the Tribunal were the credibility of the applicant's claims and whether, on the accepted claims, the criteria for the grant of a protection visa were fulfilled. This involved assessing whether the applicant met the refugee criterion under s.36(2)(a) of the Migration Act 1958, or alternatively, the complementary protection criterion under s.36(2)(aa), which requires substantial grounds for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia.

The Tribunal considered the applicant's claims in light of the Department of Home Affairs' Refugee Law Guidelines, Complementary Protection Guidelines, and the DFAT Country Information Report – Fiji. The Tribunal found the applicant's evidence to be vague and inconsistent, raising credibility issues. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, either under the refugee provisions or the complementary protection provisions, and therefore affirmed the decision not to grant the visa. The Tribunal noted that there was no suggestion the applicant satisfied s.36(2) on the basis of being a family member of a person who held a protection visa.