1704616 (Refugee)

This matter concerned an application for protection visas by individuals from Fiji. The applicant claimed to fear harm upon return to Fiji from the Fijian government and military due to their involvement in assisting a journalist who was publishing articles critical of the military government. The applicant alleged that this involvement stemmed from opposition to the current government, which they described as corrupt and discriminatory, and that individuals expressing such opposition faced torture and abuse. The applicant also cited a history of coups and suppression of rights in Fiji. The decision under review affirmed the refusal to grant the protection visas.

The core legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36 of the *Migration Act 1958* (Cth). Specifically, the Tribunal had to determine if the applicant was a refugee within the meaning of section 5H, possessing a well-founded fear of persecution for reasons of political opinion under section 5J, or if they qualified for complementary protection under section 36(2)(aa) due to a real risk of significant harm upon removal. The Tribunal also considered the relevance of country information regarding the political situation in Fiji and the applicant's specific circumstances.

The Tribunal considered the applicant's claims in light of the evidence provided, including statements, letters, and oral testimony, as well as Department of Foreign Affairs and Trade country information. The Tribunal's reasoning focused on whether the applicant's fear of persecution was well-founded and whether the alleged persecution was for a Convention reason, particularly political opinion. The Tribunal also assessed whether the applicant could access effective protection in Fiji or if there were reasonable steps they could take to avoid harm. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicants protection visas.