1906790 (Refugee)

The applicant, a male citizen of Fiji, sought review of a decision not to grant him a protection visa. He had applied for the visa on 27 August 2018, claiming he feared persecution and harm if returned to Fiji due to his advocacy for human rights, traditional Fijian values, and the ongoing political instability and land rights issues affecting indigenous Fijians.

The court 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 he was a refugee within the meaning of section 5H of the Act, or whether he faced a real risk of suffering significant harm as a consequence of being removed from Australia to Fiji under section 36(2)(aa).

The Tribunal found the applicant to be a credible witness, but his oral evidence at the hearing differed significantly from his written claims. In his oral evidence, the applicant stated he had not experienced past harm from authorities or community members in Fiji, did not fear such harm upon return, was not politically active, and suffered no health concerns, including mental health issues or suicidal ideation. The Tribunal preferred the oral evidence given at the hearing, finding it to be direct, frank, and honest, and concluded that the applicant did not have a well-founded fear of persecution. Furthermore, the Tribunal found no substantial grounds to believe that the applicant would suffer significant harm as a necessary and foreseeable consequence of removal to Fiji, noting that the issues raised were faced by the population generally and not personally by the applicant.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.