1905440 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a citizen of Fiji, sought review of the delegate's decision which found that he did not meet the criteria for a protection visa. The applicant's claims related to concerns about freedom of speech, indigenous rights, and general instability in Fiji under a previous government, as well as mental health considerations and his family situation in Australia.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958 (Cth). This involved assessing whether the applicant had a well-founded fear of persecution for reasons of political opinion or membership of a particular social group, or alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, he would suffer significant harm. The Tribunal also considered mandatory considerations under Ministerial Direction No. 84, including the Refugee Law Guidelines, Complementary Protection Guidelines, and country information.

The Tribunal found the applicant's oral evidence to be honest and credible. The applicant testified that he did not fear harm upon return to Fiji and that conditions had improved significantly since the change of government in 2022. He clarified that he had not been politically active but had observed restrictions on speech affecting his father and community members under the previous government. However, he stated he no longer feared speaking out and believed freedom of speech had improved. Given these concessions and the evidence of improved conditions in Fiji, the Tribunal was not satisfied that the applicant had a well-founded fear of persecution or faced a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Act.