1706661 (Refugee)

The applicant sought a protection visa, claiming to fear harm upon return to Fiji due to her employment with an organisation that published anti-government statements. She alleged that her career prospects were damaged when a government official blocked her appointment to a position, causing her psychological, social, and economic harm. The second applicant, her spouse, did not make separate claims for protection. The Administrative Appeals Tribunal was required to determine whether the applicants were persons in respect of whom Australia had protection obligations.

The Tribunal considered whether the applicant met the refugee criterion under s 36(2)(a) of the Migration Act 1958 (Cth) or the complementary protection criterion under s 36(2)(aa). The applicant's claims centred on her past employment with an organisation critical of the Fijian government and her subsequent difficulties in securing employment, which she attributed to political persecution. She also asserted that the authorities in Fiji were not independent and would not offer her assistance.

While the Tribunal found the applicant to be a truthful witness overall, it identified concerns regarding aspects of her claims and evidence, deeming them exaggerated and lacking independent corroboration. The Tribunal noted that the applicant's disappointment with the delay in her hearing was understandable, but rejected any suggestion that the timing of the hearing was influenced by recent political changes in Fiji. The Tribunal concluded that the outcome of the recent election in Fiji did not alter its assessment of the applicant's claims. Ultimately, the Tribunal was not satisfied that the applicant, or by extension the second applicant, was a person in respect of whom Australia had protection obligations.

Consequently, the Tribunal determined that the applicants did not satisfy the criteria for a protection visa under s 36(2)(a) or (aa), nor under s 36(2)(b) or (c). The decision under review was affirmed, meaning the protection visa application was refused.