1907572 (Refugee)

The applicant, a citizen of Fiji, sought a protection visa, claiming a well-founded fear of persecution due to an anticipated coup d'état. He asserted that during the last coup, his family was subjected to a home invasion, assault, and theft, and that the police and army were unable to provide protection. The applicant also claimed that a coup would lead to a breakdown of law and order, with mobs acting with impunity. He expressed a desire for a better future in Australia, including work and education.

The central legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Migration Act 1958, or, alternatively, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Fiji, he faced a real risk of suffering significant harm, as defined by section 36(2)(aa). The Tribunal was required to consider the applicant's claims in light of the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments provided by the Department of Home Affairs and the Department of Foreign Affairs and Trade, respectively.

The Tribunal affirmed the decision not to grant the protection visa. It found that the applicant had not satisfied the criterion of having a well-founded fear of persecution. Furthermore, the Tribunal concluded that the applicant did not meet the complementary protection criterion, as there were no substantial grounds for believing that he would suffer significant harm upon removal to Fiji. The Tribunal noted that the applicant did not satisfy the criterion under section 36(2)(a) or (aa), nor was he a member of the same family unit as a person who held a protection visa under those provisions.