1702764 (Refugee)

This decision concerns a protection visa application made by a citizen of Fiji. The applicant claimed that if returned to Fiji, she would have nowhere to live and no ability to earn an income. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons, or alternatively, whether there were substantial grounds for believing that her removal from Australia would result in a real risk of significant harm.

The Tribunal considered the applicant's claims in light of the evidence, including policy guidelines and country information. It noted that the applicant had previously stayed with her brother in Fiji and had not indicated that his home was damaged by Cyclone Winston. Furthermore, the Tribunal found that the applicant possessed strong English language skills, was educated, had work experience, and had demonstrated versatility in supporting herself in Australia. Consequently, the Tribunal concluded that she was in a strong position to re-establish herself in Fiji, including securing employment and accommodation.

The Tribunal did not accept that the applicant's concerns about a lack of means and housing options would amount to serious harm under the refugee criterion or significant harm under the complementary protection criterion. It found no real chance that the applicant would face serious or significant harm upon return to Fiji due to the aftermath of Cyclone Winston or for any other reason, including economic, employment, or accommodation concerns. The Tribunal was not satisfied that the applicant met either the refugee criterion or the complementary protection criterion.