1901477 (Refugee)

The applicant, a Fijian national, sought review of a decision not to grant him a protection visa. The applicant had applied for the visa in June 2018, claiming he feared detention, investigation, and harm upon return to Fiji due to a visa scam involving the Ministry of Foreign Affairs. He declined an invitation to attend a hearing before the Tribunal, requesting instead that a decision be made based on the documents provided.

The primary legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution, as required by section 36(2)(a) of the *Migration Act 1958* (Cth), or met the complementary protection criterion under section 36(2)(aa). This involved determining if the applicant had provided sufficient detail and evidence to satisfy the Tribunal that he would face a real risk of significant harm if returned to Fiji.

The Tribunal noted that a mere claim of fear is insufficient; the applicant must satisfy the Tribunal that all statutory elements are met. The applicant's written claims lacked specific details regarding the alleged visa scam, his role in it, or why Fijian authorities would be interested in him. Despite a written request from the Tribunal for further information, including details about how he obtained his business visa and his employment history, the applicant failed to respond. Consequently, the Tribunal was not satisfied that he had worked for the Ministry of Foreign Affairs or was involved in any visa scam. The Tribunal also found that the applicant had not claimed to have criticised the Fijian government, nor would he be perceived as having done so, and noted that the government in Fiji had since changed through a democratic election.

The Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he had not satisfied the criteria under section 36(2) of the *Migration Act 1958* (Cth).