1621460 (Refugee)

This matter concerned an application for a protection visa by a citizen of Fiji. The applicant claimed to fear the government and the army in Fiji, stating he felt insecure and that his life was at risk. He expressed a general fear of being a victim and being involved in unwanted situations, particularly if he did not abide by orders from military ranks. The applicant also stated he left Fiji primarily to start a new life and pursue his sporting talent in a safer environment. The Administrative Appeals Tribunal (AAT) reviewed the decision under consideration.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, specifically under section 36(2)(a) of the Migration Act 1958 (Cth) concerning the refugee convention, or alternatively, under section 36(2)(aa) which addresses complementary protection. This required the court to determine if there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, the applicant would face a real risk of suffering significant harm. The court also had to consider the meaning of "significant harm" as defined in the Act and the circumstances under which a person would not be considered to face such a risk.

The court considered the applicant's evidence, including his statements about his fears and his reasons for leaving Fiji, as well as supporting letters from a sports club, a pastor, and an employer. It also took into account country information regarding Fiji. The court found that while the applicant expressed general fears and a sense of insecurity, he did not provide evidence of actual harm or a specific, real risk of harm that would engage the complementary protection criterion. The applicant's stated reasons for leaving, such as seeking a new life and employment opportunities, were not sufficient to establish a well-founded fear of persecution or significant harm.

The Tribunal affirmed the decision under review, concluding that the applicant had not established that he met the criteria for the grant of a protection visa.