1706102 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of serious harm if returned to Fiji. The delegate of the Department refused the visa, finding that while the applicant was a member of the particular social group of women who are victims of family violence in Fiji, state protection was generally available in Fiji and that any harm from her husband was remote as he resided in New Zealand. The delegate also had concerns about the applicant's credibility.

The legal issues before the court were whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, and whether effective protection measures were available to her in Fiji. Specifically, the court had to determine if the applicant's fear of harm from her husband and his family constituted persecution, and if the Fijian authorities were willing and able to provide protection against such harm.

The court found that the applicant had a well-founded fear of serious harm by reason of her membership in the particular social group of women in Fiji who are victims of family violence. The court was satisfied that Australia had protection obligations towards the applicant under s 36(2)(a) of the *Migration Act 1958*.

Consequently, the court remitted the matter for reconsideration with a direction that the applicant satisfies s 36(2)(a) of the *Migration Act*.