1728476 (Refugee)

This matter concerned an application for a protection visa by a citizen of Fiji. The applicant arrived in Australia in August 2005 and, after a lengthy period as an unlawful non-resident and an unsuccessful application for a partner visa, applied for a protection visa in May 2017. The applicant claimed he needed protection from Fiji due to a family dispute that was not taken seriously by authorities, and that he feared for his safety due to traditional customs. He also indicated he had been beaten by the military and was a volunteer for a human rights organisation and a protest participant.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had established a well-founded fear of persecution for a Convention reason, or alternatively, whether he faced a real risk of significant harm if returned to Fiji under the complementary protection provisions. This involved assessing the credibility of the applicant's claims, the consistency of his evidence, and the weight to be given to country information regarding the situation in Fiji.

The court considered the applicant's claims in light of the evidence presented, including medical certificates, reports, and various letters of support. It noted inconsistencies in the applicant's claims, including his ability to work despite alleged injuries and the delay in applying for a protection visa. The court also had regard to the applicant's previous unsuccessful applications for other visas and the reasons for their refusal. The court applied the principles of refugee law, including the assessment of risk of harm and the definition of significant harm under the relevant sections of the *Migration Act 1958* (Cth).

The decision under review was affirmed, meaning the applicant's protection visa application was unsuccessful.