1909254 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa, who claimed to be a citizen of Fiji. The dispute centred on whether Australia had protection obligations towards the applicant under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958. The Tribunal, constituted by Member Sophie Manera, was tasked with determining if the applicant met the criteria for a protection visa.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of ethnicity, political opinion, or human rights violations, and whether they faced a real risk of significant harm upon return to Fiji. The Tribunal also had to consider the applicant's claims regarding the impact of military coups and their mental health. Crucially, the Tribunal was required to assess whether the applicant had provided sufficient particulars and evidence to substantiate these claims, as mandated by section 5AAA of the Act.

The Tribunal reasoned that it is the applicant's responsibility to provide sufficient evidence to establish their claims, and that allegations are not to be accepted uncritically. The applicant's decision not to attend a hearing resulted in significant gaps in their claims, particularly concerning the impact of the change of government in Fiji after December 2022. The Tribunal found the applicant had provided insufficient evidence regarding their online criticism of the government, their personal experience of military coups, and the impact on their mental health. The Tribunal also noted the lack of evidence suggesting the applicant had a right to enter or reside in any other country, confirming Fiji as the country of reference.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that the applicant had not satisfied the criteria under section 36(2) of the Act.