1821737 (Refugee)

The applicant sought review of a decision not to grant a protection visa. The applicant claimed to have fled Fiji after being physically abused by military personnel following a conversation about the government. The applicant alleged that this abuse occurred in October 2016, after which they were threatened and advised to leave the country. The applicant expressed a fear of torture or death if returned to Fiji, stating they were still being sought by the military.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa, specifically whether they were a refugee or faced a real risk of significant harm upon return to Fiji. This involved assessing the applicant's credibility, the consistency of their claims, and whether the alleged fear of persecution was well-founded and based on the grounds specified in the Migration Act 1958. The court also considered the complementary protection criterion, which applies if there are substantial grounds for believing that, as a necessary and foreseeable consequence of removal, the applicant faces a real risk of suffering significant harm.

The court found that the applicant's claims and evidence were inconsistent, particularly regarding the timing and nature of their fear and the specific individuals involved. The court noted that the applicant's fear of persecution only arose after returning to Fiji in 2018, and that the alleged threats were based on rumours heard from family. Furthermore, the court considered that the applicant had not demonstrated that they would face persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as required by the definition of a refugee. The court also found no indication that the applicant would suffer significant harm as contemplated by the complementary protection criterion.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, as the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958.