1926815 (Refugee)

The applicant sought a protection visa in Australia, claiming he feared persecution in Fiji due to his familial relationship with a prominent former public figure who had previously sought asylum in Australia. The applicant alleged he and his wife had experienced harassment from Fijian officials during previous return trips, fearing arrest, detention, and physical harm, particularly in the lead-up to the 2018 elections. He also stated he was unable to relocate within Fiji and was barred from applying for further visas onshore. The decision under review was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth). This involved determining if the applicant had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or if there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal from Australia, he would suffer significant harm. The Tribunal was required to consider the applicant's claims in light of relevant country information and Ministerial Directions.

The Tribunal applied section 5AAA of the Act, which places the onus on the applicant to specify all particulars of their claim and provide sufficient evidence. It also considered Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines. The Tribunal found that the applicant had not satisfied the criterion for a protection visa, meaning Australia did not have protection obligations towards him. Consequently, the applicant did not meet the requirements of section 36(2)(a) or (aa) of the Act, nor could he satisfy the criteria under section 36(2)(b) or (c) as a member of the same family unit.

The Tribunal affirmed the decision not to grant the applicant protection visas.