1720093 (Refugee)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning an applicant for a protection visa. The applicant, born in Fiji, claimed to have worked as a journalist and later as a business owner in a specific sector. He alleged past persecution, including arrest and torture by military police in 1987 due to his reporting and alleged links to foreign intelligence. He further claimed to be marked as an enemy of the state by military regimes following a 2000 coup, leading to ongoing intimidation and threats. The delegate of the Department of Home Affairs had doubts about the applicant's claims of torture, noting his continued residence and work in Fiji for many years after the alleged incidents and the relaxation of media restrictions. The delegate also found that the applicant had delayed his protection application and was not satisfied he would be persecuted for his media work.

The primary legal issue before the AAT was whether the applicant met the criteria for a protection visa, specifically concerning a well-founded fear of persecution under section 36(2)(b)(i) of the *Migration Act 1958* (Cth) and whether he was a member of the same family unit as an individual owed protection. The court was required to consider the applicant's claims of past harm, his reasons for fearing return to Fiji, and the availability of effective protection measures in Fiji. The court also had to assess the significance of the applicant's delay in applying for protection and his continued engagement in certain work sectors.

The Tribunal found that the applicant was a member of the same family unit as an individual who was owed protection and that the grant of the visa was not prevented by section 91WB of the *Migration Act*. Consequently, the Tribunal remitted the matter for reconsideration with the direction that the applicant satisfies section 36(2)(b)(i) of the *Migration Act*. This indicates that the Tribunal was satisfied that the applicant, by virtue of his family connection to someone already recognised as owing protection, met the criteria for a protection visa.