1714611 (Refugee)

This matter concerned an appeal by two applicants against a decision of the Refugee Tribunal to affirm the refusal of their protection visas. The first applicant claimed to have committed corrupt acts under instruction and possessed knowledge of other corruption, while the second applicant alleged to have evidence implicating members of the military in torture and murder. The Tribunal considered the applicants' claims in light of their country of origin, Fiji, and their migration and visa histories.

The primary legal issue before the Tribunal was whether Australia owed protection obligations to the applicants under sections 36(2)(a) (refugee criterion) and 36(2)(aa) (complementary protection criterion) of the Migration Act 1958 (Cth). This involved assessing the credibility of the applicants' claims, considering their long-term employment in a sensitive sector without prior harm, their multiple departures and returns to Fiji on legally issued passports, and relevant country information regarding official investigations and media reporting of military members.

The Tribunal applied Ministerial Direction No. 84, incorporating the Refugee Law Guidelines and Complementary Protection Guidelines, as well as country information assessments. It found that the applicants were nationals of Fiji and accepted their claimed identities. Despite the serious allegations made by the second applicant, the Tribunal concluded that the applicants had not established a real risk of significant harm upon removal to Fiji, particularly given their migration history and the available country information. Consequently, the Tribunal affirmed the decision under review.