1711438 (Refugee)

The applicant, a national of Fiji, sought a protection visa in Australia. The applicant claimed to fear harm from the general public in Fiji due to his homosexuality, alleging verbal abuse and violence. He also stated that homosexuality is illegal in Fiji, preventing relocation within the country, and expressed fear of being killed or becoming homeless if returned.

The legal issues before the Tribunal were whether Australia had protection obligations towards the applicant, specifically whether he met the criteria for being a refugee under section 36(2)(a) of the Migration Act 1958, or if there were substantial grounds to believe he would suffer significant harm as a necessary and foreseeable consequence of removal under section 36(2)(aa). This involved considering whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group (homosexual men in Fiji) and whether effective protection measures were available to him in Fiji.

The Tribunal accepted that the applicant was a national of Fiji and had made claims against that country. It considered the applicant's evidence regarding his fear of persecution due to his homosexuality, including allegations of harassment, violence, and the illegality of homosexual acts in Fiji. The Tribunal also had regard to country information and guidelines prepared by government departments. Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies the criterion set out in section 36(2)(aa) of the Migration Act.