1817431 (Refugee)

This matter concerned an appeal by applicants from Fiji of Indo-Fijian background who sought protection visas. The Federal Circuit Court had remitted the matter for redetermination by the Tribunal. The applicants claimed they had left Fiji due to discrimination and harassment based on their ethnicity, and that they faced a real chance of serious harm, particularly in the form of family or domestic violence.

The primary legal issues before the Tribunal were whether the applicants met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution or serious harm in Fiji. This involved assessing whether they constituted a "particular social group" and whether the alleged discrimination and potential for domestic violence amounted to a real chance of serious harm, considering the effectiveness of police protection in Fiji. The Tribunal was also required to consider the evidence presented, including Department of Foreign Affairs and Trade (DFAT) country information, and to determine the matter based on the facts as they presented at the time of its redetermination.

The Tribunal considered the evidence of discrimination and harassment faced by the applicants, including issues related to land ownership and demands for money. It also examined the cultural context in Fiji regarding women and domestic violence, noting the husband's lack of acknowledgement of his own behaviour. The Tribunal applied the principles that it is inquisitorial but not required to seek evidence to support an applicant's claim, and that while Departmental policy is not binding, it should be had regard to for consistency. The Tribunal found that there was a real chance of serious harm in the form of family or domestic violence, and that the applicants constituted a particular social group.

The decision under review was remitted.