1918783 (Refugee)

The applicant, a national of Fiji, sought review of a decision to refuse him a protection visa. The applicant's claim for protection was based on his economic situation in Fiji and his inability to support his family, including his wife and children, who remained in Fiji. He contended that his financial circumstances in Fiji were such that he faced significant hardship, impacting his family's education and well-being.

The 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, as a refugee, or under section 36(2)(aa), by facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji. This involved assessing whether the applicant had a well-founded fear of persecution or a real risk of significant harm, considering the economic conditions in Fiji and the availability of effective state protection measures.

The Tribunal considered country information regarding Fiji's economy and social security. It found that the applicant's claims of poverty were not supported by the available country information, which suggested that employment opportunities and welfare measures were accessible. The Tribunal concluded that there was no real chance of persecution based on economic hardship and that effective state protection was available in Fiji. Furthermore, the Tribunal found no information suggesting the applicant had a profile that would preclude him from accessing such protection. Consequently, the Tribunal was not satisfied that the applicant faced a real risk of significant harm if returned to Fiji.

The Tribunal affirmed the delegate's decision not to grant the applicant a protection visa, finding that the applicant did not satisfy the criteria under section 36(2) of the Migration Act 1958.