1708981 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa for Australia, who is a citizen of Fiji. The dispute centred on the applicant's claims of a well-founded fear of persecution upon return to Fiji, or alternatively, a real risk of significant harm.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under s.5J(1) of the Act. If this criterion was not met, the Tribunal also had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, the applicant would suffer significant harm, thereby meeting the complementary protection criterion under s.36(2)(aa).

The Tribunal found that the applicant's evidence was not truthful or credible. While the applicant's written claims alleged support for breakaway states in Fiji and association with individuals warned by the Fijian government, at the hearing, the applicant stated he was not a supporter of these groups and his only interaction with a key figure was to pay for visa preparation. He denied awareness of the contents of his written claims and confirmed no involvement with any anti-government groups. Applying Ministerial Direction No.84 and relevant guidelines, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm. Consequently, the Tribunal affirmed the decision under review.