1703793 (Refugee)

The applicant, a national of Fiji, sought a protection visa. The dispute concerned whether the applicant met the criteria for the grant of such a visa, specifically whether he was a refugee or faced a real risk of significant harm upon removal from Australia. The matter was before the Tribunal for review of a decision not to grant the visa.

The Tribunal was required to determine if the applicant was a refugee within the meaning of section 5H of the Migration Act 1958, which involves a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Additionally, the Tribunal had to consider whether the applicant met the complementary protection criterion under section 36(2)(aa) of the Act, which requires substantial grounds for believing that removal would result in a real risk of significant harm.

The Tribunal found that the applicant's claims were not reflective of his actual experience. While he claimed to have left Fiji due to support for the "11-11 group," his evidence at the hearing indicated only a limited acquaintance with two individuals associated with that group. The Tribunal accepted that the applicant was not politically active and had no personal involvement or experience of past harm related to this group. Furthermore, the Tribunal noted a delay in the applicant's application for protection. Based on these findings, the Tribunal concluded that the applicant did not satisfy the criteria for a refugee or for complementary protection.

The Tribunal affirmed the decision not to grant the applicant a protection visa.