1906786 (Refugee)

The applicant sought a protection visa, claiming a fear of persecution and significant harm upon return to Fiji due to changes in the political situation, including the disregard for chiefly protocols, indigenous rights, and community moral values. The applicant also alleged a fear of arrest and punishment by police or military if expressing opinions, and that he had been deprived of his right to do so. The Administrative Appeals Tribunal was required to determine whether there was a real risk the applicant would suffer serious harm or a real chance he would experience significant harm were he to return to Fiji.

The Tribunal considered the applicant's claims in light of the statutory requirements for establishing a well-founded fear of persecution and a real risk of significant harm. It was noted that the onus rests on the applicant to provide sufficient particulars and evidence to establish their claim, and that a decision-maker is not obliged to construct the case for the applicant. The Tribunal found that the applicant's claims were brief, general, and lacked detail, with no elaboration provided despite opportunities to do so. Specific deficiencies included a lack of detail regarding the political situation in Fiji and its impact, the reasons for fearing police or military action, the specific changes to chiefly protocols and indigenous rights and their personal impact, the causes of suicidal ideation, and the nature of the opinions he felt unable to express.

The Tribunal affirmed the decision not to grant the protection visa. This outcome was based on the applicant's failure to provide sufficient detail and evidence to substantiate his claims, despite being afforded opportunities and being informed of the inadequacy of the information. The applicant declined an invitation to a hearing and ultimately instructed his representative to proceed with the determination based on the existing material. The Tribunal concluded that the applicant had not satisfied the criteria for a protection visa.