1903827 (Refugee)

This matter concerned a protection visa application made by the second and third applicants, who are the husband and son of the first applicant. The applicants, who are indigenous Fijians, claimed they feared harm if returned to Fiji. Their claims of fear were based on past experiences of workplace harassment and family violence, as well as the alleged political activities of the first applicant's brother, who had been involved in a separatist movement. The applicants had travelled to Australia on visitor visas and remained, seeking protection.

The primary legal issue before the Tribunal was whether the applicants met the criteria for a protection visa, specifically whether they had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether they faced a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal was required to consider the evidence presented regarding past experiences of abuse, the current political climate in Fiji, and the applicants' ability to re-establish themselves upon return.

The Tribunal found that while the first applicant had experienced verbal abuse and mistreatment from her former boss, he was no longer in a position of influence due to a change in government in 2022, and she no longer feared harm from him. Similarly, the Tribunal accepted that the first applicant and her son had been subjected to abuse by the first applicant's father, but he had since passed away. The Tribunal also considered the applicants' claims of economic hardship, but concluded that Fiji is an upper-middle income country with opportunities for employment and that the applicants possessed skills to find work. Consequently, the Tribunal was not satisfied that the applicants faced a real chance of suffering harm or a real risk of significant harm upon return to Fiji for any of the protected grounds.

The Tribunal affirmed the delegate's decision to refuse the grant of the protection visas.