1703756 (Refugee)

This matter concerned an application for a protection visa by a Fijian national. The applicant claimed to fear persecution in Fiji due to his race (Fiji Indian), religion (Sikh), and the fact that he had accumulated wealth, making him a target for robbery and extortion by native Fijians, including corrupt army officials and police. He asserted that he had experienced such harm on multiple occasions and that relocation within Fiji was not a viable option as the persecution occurred throughout the country. The applicant also contended that state protection was unavailable due to the alleged corruption of the police and army.

The court was required to determine whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth). Specifically, the court had to consider whether the applicant was a refugee within the meaning of section 5H, possessing a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined in section 5J. Alternatively, the court had to assess whether the applicant qualified for complementary protection under section 36(2)(aa), meaning there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, he faced a real risk of suffering significant harm, as defined in section 36(2A).

The court affirmed the decision not to grant the applicant a protection visa. While the applicant presented claims of past harm and fear of future persecution, the court found that he did not satisfy the criteria for being a refugee under section 36(2)(a). Furthermore, the court determined that the applicant did not meet the complementary protection criterion under section 36(2)(aa). The decision noted that there was no suggestion the applicant was a family member of someone who held a protection visa, thus excluding him from the criteria in sections 36(2)(b) and (c). Consequently, the applicant did not meet any of the criteria for the grant of a protection visa.