1712108 (Refugee)

The applicants, a widowed and divorced woman and her daughter, sought a protection visa. The dispute concerned whether they would face persecution or significant harm if returned to Fiji. The decision under review was made by the Tribunal.

The Tribunal was required to determine whether the applicant faced persecution on the grounds of race, religion, nationality, membership of a particular social group, or political opinion. It 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. Finally, the Tribunal needed to assess if the second applicant, the daughter, was eligible for protection as a member of the same family unit as a person satisfying either the refugee or complementary protection criterion.

The Tribunal concluded that the decision under review should be remitted for reconsideration. The applicant claimed to fear persecution as a single, widowed, and divorced Indo-Fijian woman without male protection, citing harassment, threats, and fear of harm from her first husband's family and neighbours, as well as the repossession of her home. She also expressed fear for her daughter's safety due to the prevalence of rape in Fiji, particularly for young women without male protection. The Tribunal considered the applicant's history, including previous visa applications and refusals, and her physical and mental health. It also took into account country information and relevant guidelines, including the Refugee Law Guidelines and Complementary Protection Guidelines.