1918556 (Refugee)

The applicant, an indigenous Fijian, sought a protection visa, claiming a well-founded fear of persecution and significant harm if returned to Fiji. The applicant's claims included fears stemming from political instability, oppressive government decrees, discrimination against indigenous Fijians, threats to land rights, and a general increase in crime and violence, particularly against women and children. The applicant also recounted personal experiences of physical assault and intimidation in Fiji, which he attributed to his indigenous status and his leadership roles.

The core legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or under section 36(2)(aa) as a person facing a real risk of significant harm as a necessary and foreseeable consequence of removal. This required the Tribunal to assess the applicant's claims against the definitions of "refugee" and "significant harm" as provided in the Act and relevant guidelines, considering the country information pertaining to Fiji.

The Tribunal considered the applicant's claims in light of the Refugee Convention and the *Migration Act*. It noted that while the applicant had experienced past harm and feared future harm, it was not satisfied that these fears met the threshold for a well-founded fear of persecution or a real risk of significant harm. The Tribunal affirmed the delegate's decision not to grant the protection visas, concluding that Australia did not have protection obligations towards the applicant. However, the Tribunal did refer the matter to the Department for consideration for Ministerial Intervention, acknowledging the applicant's request based on past and present circumstances.