1717662 (Refugee)

This matter concerned an application for a protection visa by a woman from Fiji and her family unit. The applicants sought review of a decision by the Department of Home Affairs to refuse their visa application. The primary applicant claimed she feared returning to Fiji due to being a member of the particular social group "women in Fiji," experiencing gender violence, and having an imputed political opinion due to her association with high-profile Fijian politicians.

The Tribunal was required to determine whether the applicants were persons in respect of whom Australia had protection obligations under section 36 of the Migration Act 1958 (Cth) and subclause 866.221 of Schedule 2 to the Migration Regulations 1994 (Cth). This involved assessing whether the first-named applicant held a well-founded fear of persecution based on her claimed membership of a particular social group and imputed political opinion, and whether any such risk was faced by the population generally rather than personally.

The Tribunal considered the applicants' claims in light of the provisions of section 36(2B) of the Act, which outlines circumstances where a real risk of significant harm is not taken to exist, such as where relocation to a safe area is reasonable, protection is available from authorities, or the risk is faced by the general population. The Tribunal also had regard to relevant guidelines and country information. Ultimately, the Tribunal concluded that the applicants did not have a well-founded fear of persecution, noting credibility concerns and finding that any risks identified were not faced by the applicants personally.

The Tribunal affirmed the decision under review, meaning the protection visa application was refused.