1904882 (Refugee)

The applicant, a citizen of Fiji, sought a protection visa in Australia. The dispute concerned whether Australia owed the applicant protection obligations under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958 (Cth). The applicant claimed to have suffered psychological harm due to past military coups in Fiji and feared reprisal from the Fijian government for criticising it on social media and for his indigenous Fijian identity. The matter was heard by Member Sophie Manera of the Administrative Appeals Tribunal.

The Tribunal was required to determine if the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of section 5H of the Act, or if he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji under section 36(2)(aa). This involved assessing the applicant's claims of persecution based on political opinion and his identity as an indigenous Fijian, and considering whether effective protection measures were available in Fiji.

The Tribunal considered the applicant's claims in light of the Refugee Law Guidelines and Complementary Protection Guidelines, as well as country information from the Department of Foreign Affairs and Trade. It found that the applicant had not established a well-founded fear of persecution for reasons of political opinion or membership of a particular social group. Furthermore, the Tribunal was not satisfied that there were substantial grounds for believing that the applicant faced a real risk of suffering significant harm as a necessary and foreseeable consequence of removal to Fiji. The Tribunal noted that the applicant's criticisms were directed at a government no longer in power and that there was no suggestion he was a member of the same family unit as a person who satisfied the protection criteria.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.