1906130 (Refugee)

The applicant, a male from Fiji, sought a protection visa in Australia. The dispute concerned whether the applicant had a well-founded fear of persecution in Fiji, which would engage Australia's protection obligations. The Tribunal was required to determine if the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person facing a real risk of significant harm.

The Tribunal's reasoning focused on the applicant's own admissions during the hearing. The applicant stated that he had no fears about returning to Fiji and acknowledged that the definition of a refugee and the purpose of a protection visa did not apply to him. He further indicated that he had sought advice from a relative to apply for a protection visa when he should have been pursuing other avenues for residency. Based on these admissions, the Tribunal found that the applicant did not have a well-founded fear of persecution, nor did the evidence suggest a real chance or risk of serious or significant harm.

Consequently, the Tribunal concluded that the applicant did not meet the refugee criterion under section 36(2)(a). It then considered the complementary protection criterion under section 36(2)(aa), noting that the "real risk" test applied is the same standard as the "real chance" test for refugee status. For the same reasons, the Tribunal found the applicant did not face a real risk of significant harm. Therefore, the Tribunal was not satisfied that Australia had protection obligations towards the applicant under either section 36(2)(a) or 36(2)(aa). The Tribunal affirmed the decision not to grant the applicant a protection visa.