1707562 (Refugee)

The applicant, an Indo-Fijian woman, sought a protection visa, claiming she feared persecution in Fiji due to her race and status as a single woman living alone. The dispute centred on whether the applicant met the criteria for a protection visa, specifically whether she had a well-founded fear of persecution for reasons of race or membership of a particular social group, and whether effective state protection was available to her in Fiji. The matter came before the Tribunal for review.

The legal issues before the Tribunal were whether the applicant had established a well-founded fear of persecution for reasons of race or membership of a particular social group, and whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of her removal from Australia, she would suffer significant harm. This involved assessing the credibility of her claims of harassment and assault by indigenous Fijians, the role of her race and vulnerability as a single woman in these incidents, and the capacity and willingness of the Fijian authorities to provide effective protection.

The Tribunal considered the applicant's extensive claims of adverse interactions with indigenous Fijians, including stone-throwing, a break-in, the placement of a dead rat, arson of her clothes, verbal abuse, and a physical assault. It also reviewed country information regarding the historical and ongoing racial tensions in Fiji and the conduct of the police. The Tribunal found that the applicant's fear was well-founded, concluding that the harm she feared was, at least in part, motivated by Convention reasons. It determined that the conduct she experienced amounted to systemic conduct and that Convention reasons were essential and significant reasons for the harm. Furthermore, the Tribunal found that effective state protection was not available to the applicant in Fiji, and that relocation to another part of Fiji was not a reasonable option given her circumstances.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion set out in s.36(2)(a) of the Migration Act, meaning Australia has protection obligations under the Refugees Convention in respect of the applicant.