1906078 (Refugee)

This matter concerned an application for a protection visa by three children, with the first applicant being the primary claimant. The applicants, who are indigenous Fijians, claimed they would face persecution in Fiji due to their race, asserting they would be unable to fully develop their talents and abilities, would not receive adequate care from extended family if returned without their parents, would be susceptible to assault and abuse, and would not be free to express their identity. The Administrative Appeals Tribunal (Cth) was required to determine whether Australia owed protection obligations to the applicants, which involved assessing the credibility of their claims and applying the relevant legal framework, specifically the criteria for a protection visa under the *Migration Act 1958* (Cth).

The Tribunal was tasked with determining if the applicants met the criteria for a protection visa, specifically whether they were refugees or faced a real risk of significant harm upon removal from Australia. This required an assessment of whether the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and whether such persecution would involve serious harm. The Tribunal also had to consider whether effective protection measures were available in Fiji and if the applicants could reasonably modify their behaviour to avoid persecution.

The Tribunal's reasoning affirmed the delegate's decision, finding that the applicants did not satisfy the criteria for a protection visa. While acknowledging the claims made, the Tribunal determined that the evidence did not establish a well-founded fear of persecution for reasons of race or any other protected ground. The Tribunal concluded that the circumstances described by the applicants, including concerns about educational standards, family support structures, and freedom of expression, did not amount to persecution or a real risk of significant harm as defined by the *Migration Act 1958*. Consequently, the Tribunal affirmed the decision not to grant the protection visas.