1713106 (Refugee)

The applicant, a citizen of Fiji, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to be a victim of domestic violence and that she had entered into same-sex relationships following this abuse, which she asserted placed her at risk of persecution in Fiji due to her sexual preference.

The Federal Circuit Court was required to determine whether the applicant had established a well-founded fear of persecution for reasons of membership of a particular social group, specifically relating to her alleged sexual preference and experiences of domestic violence, such that she ought to be granted a protection visa. The court also considered whether the applicant could reasonably access protection or achieve independence from her alleged abuser in Fiji.

In its reasoning, the court noted the lack of independent corroboration or documentation to support the applicant's claims regarding the extent and nature of the domestic violence, and her subsequent same-sex relationships. The court found that the violence had ceased in 2007 and that the applicant had demonstrated an ability to achieve independence from her husband. Considering the evidence presented, the court concluded that the applicant had not established a well-founded fear of persecution.

The court affirmed the decision under review, meaning the Minister's refusal to grant the protection visa was upheld.