1918020 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse a protection visa to an applicant from Fiji. The applicant claimed to fear persecution due to his support for Christian breakaway states, his membership in the Fiji Native Government in Exile and the Pacific Indigenous Samaritan Association Inc (PISAI), and his association with Ms Oni Kirwin. The delegate had accepted some of these claims but was not satisfied there was a real chance of persecution or significant harm.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution or faced a real risk of significant harm upon removal to Fiji. This involved assessing the applicant's past and present involvement with the mentioned groups and political entities, and considering whether any claimed fear was a necessary and foreseeable consequence of his removal. The Tribunal also had to consider the impact of recent political changes in Fiji, including the December 2022 election and the change in government.

The Tribunal found that while the applicant had initially expressed concerns about returning to Fiji due to his associations, his evidence to the Tribunal indicated that these associations were primarily formed and maintained in Australia, not Fiji. He stated he was no longer in contact with Ms Kirwin, had ceased involvement with PISAI and the Fiji Native Government in Exile, and that these organisations were no longer active in Fiji. Furthermore, the applicant confirmed he no longer held fears of returning to Fiji, particularly in light of the change in government. The Tribunal applied the principles of the Migration Act 1958, including the definitions of refugee and significant harm, and considered relevant country information and guidelines.

Ultimately, the Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, concluding that the applicant did not satisfy the criteria for the visa.