1817116 (Refugee)

The applicant, a Fijian national, sought a protection visa, claiming she feared persecution upon return to Fiji due to her homosexuality, a previous forced marriage, and subsequent abuse. The dispute centred on whether she met the criteria for a protection visa, either as a refugee or under complementary protection provisions. The case was heard by the Refugee Tribunal.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason (membership of a particular social group, specifically a homosexual woman) and whether she faced a real risk of significant harm as a consequence of being removed from Australia to Fiji. The Tribunal was required to assess the applicant's credibility, the consistency of her claims, and the available country information regarding Fiji.

The Tribunal found the applicant's claims to be inconsistent and unreliable, noting undisclosed previous relationships and marriages, and unpersuasive explanations for these inconsistencies. The Tribunal considered country information indicating that same-sex activity is legal in Fiji and that discrimination against homosexual individuals is low, with legal protections available for victims of domestic violence. Given the applicant's failure to establish a well-founded fear of persecution or a real risk of significant harm, and the availability of legal protections in Fiji, the Tribunal affirmed the decision under review.