1905329 (Refugee)

The applicant, who is of Itaukei ethnic group and Christian faith from Fiji, sought a protection visa. The core of his claim was a fear that the Fijian government would unlawfully expropriate his leased land, leading to significant economic disadvantage and uncertainty for himself and his family. The applicant was unrepresented before the Tribunal.

The legal issues before the court were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, by having a well-founded fear of persecution, or under section 36(2)(aa), by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji. Specifically, the court had to determine if any economic disadvantage or potential loss of land constituted "significant harm" as defined by the Act, and whether the applicant could reasonably relocate within Fiji or obtain protection from Fijian authorities.

The Tribunal considered the applicant's evidence regarding his leased land, his family's reliance on it, and his work in Australia to support them. However, the Tribunal found that the applicant had not established a well-founded fear of persecution. It concluded that any economic disadvantage he might face upon return to Fiji would not amount to serious or significant harm. Furthermore, the Tribunal was not satisfied that the applicant was at risk of having his land unlawfully expropriated by the government. Consequently, the Tribunal affirmed the decision not to grant the protection visa.