1908452 (Refugee)

The applicant sought review of a decision not to grant a protection visa. The applicant, born in Australia but residing in Fiji, claimed to fear persecution due to his opposition to the military government in Fiji, which he alleged led to loss of government employment, mental health issues, and mistreatment. The dispute centred on whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth).

The court was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Act, and if so, whether there was a real chance of such persecution upon return to Fiji. Alternatively, the court had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, the applicant faced a real risk of suffering significant harm as defined in section 36(2A) of the Act.

The court considered the applicant's claims, including his statement that he had personal differences with the military government following the 2006 takeover, which resulted in struggles, limited employment opportunities, and feelings of being discriminated against and treated as an outcast. He also expressed concerns about Chinese influence in Fiji and stated he felt threatened to keep his views private. The court noted that the "real risk" test for significant harm under section 36(2)(aa) imposes the same standard as the "real chance" test for well-founded fear under the Refugee Convention. The Tribunal affirmed the decision not to grant the visa, finding that the applicant did not meet the refugee or complementary protection criteria.