1925545 (Refugee)

This matter concerned an application for a protection visa by a Fijian citizen, who claimed she would face harm if returned to Fiji due to her support for breakaway Christian states and her association with a political group. The applicant's dependant was also a party to the review. The Tribunal was required to determine whether the applicant was a person in respect of whom Australia had protection obligations under s 36(2)(a) or s 36(2)(aa) of the Migration Act 1958.

The Tribunal considered the applicant's claims of potential persecution based on her political opinions and religious affiliations. It was required to assess whether there was a real chance that the applicant would suffer harm, torture, or mistreatment by the authorities in Fiji, or if the authorities would be unable or unwilling to protect her. The Tribunal also had regard to Ministerial Direction No. 84 and the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'. Crucially, the Tribunal noted that under s 5AAA of the Act, the onus was on the applicant to provide sufficient evidence to establish her claim.

The Tribunal found that while the applicant had provided evidence of her identity and some educational and employment background, including a one-time payment and membership in a political group in Australia, she had not experienced harm in Fiji. Furthermore, there was no evidence before the Tribunal establishing that she would be unable to access similar employment upon return to Fiji. The Tribunal was not satisfied that there was a real chance of the applicant suffering harm or mistreatment, nor that the Fijian authorities would be unable or unwilling to protect her. Consequently, the Tribunal concluded that the applicant did not meet the criteria for a protection visa. The decision under review was affirmed.