1701200 (Refugee)

The Administrative Appeals Tribunal (AAT) considered the case of an applicant seeking a protection visa. The applicant, a Fijian national, claimed to fear persecution upon return to Fiji due to his low-level involvement with organisations such as the Pacific Indigenous Samaritan Association Inc (PISAI) and the Fiji Native Government in Exile, and because he was a relative of a former public office bearer. The Tribunal was required to determine the credibility of the applicant's claims and whether, on the accepted claims, the criteria for the grant of a protection visa were fulfilled.

The Tribunal's reasoning focused on assessing the applicant's claims against the relevant legislative criteria for protection visas, specifically sections 36(2)(a) and 36(2)(aa) of the *Migration Act 1958* (Cth), which address the refugee criterion and the complementary protection criterion, respectively. The Tribunal considered the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information from the Department of Foreign Affairs and Trade. The applicant's history of visa applications and refusals, including a prior AAT decision affirming a partner visa refusal, was also before the Tribunal.

Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa. The decision notes that there was no suggestion the applicant met the criteria based on being a family member of someone who held a protection visa. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.