1903632 (Refugee)

This matter concerned an application for protection visas by a family from Fiji. The first named applicant, who had lodged the application, had passed away. The dispute before the Administrative Appeals Tribunal (the Tribunal) was whether it had jurisdiction to review the delegate's decision concerning the first named applicant, and to assess the protection claims of the second named applicant.

The primary legal issue for the Tribunal was to determine its jurisdiction in relation to the deceased first named applicant. Further, the Tribunal was required to assess the protection claims of the second named applicant, considering her country of reference and receiving country, and whether she had any right to reside in a safe third country. The Tribunal also needed to ascertain the specific claims being made by the second named applicant, and whether any claims were being advanced on behalf of the third and fourth named applicants.

The Tribunal reasoned that as the first named applicant had passed away, there was no longer a valid application before it in relation to him, and therefore it lacked jurisdiction to review the delegate's decision concerning him. For the second named applicant, the Tribunal found Fiji to be the country of reference and receiving country, and noted no evidence of a right to reside in a safe third country. The Tribunal clarified with the second named applicant's legal representative that her claims were solely based on her political activities, and that she was not relying on any claims made by the first named applicant. It was also noted that no protection claims were being made by or on behalf of the third and fourth named applicants.

The Tribunal ordered that it did not have jurisdiction in relation to the first named applicant. The assessment of the second named applicant's claims was to proceed.