1928762 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a Fijian national. The applicant sought protection in Australia, claiming fear of persecution. The Tribunal was required to determine whether the applicant met the criteria for a protection visa, either under the 'refugee' criterion or on 'complementary protection' grounds.

The central legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a Convention reason, or whether there were substantial grounds for believing that the applicant faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji. The Tribunal also considered the applicant's status as a citizen of Fiji and Fiji as his receiving country.

The Tribunal acknowledged that the onus of proof rests with the applicant to establish the statutory elements of their claim, and that mere assertion of fear does not suffice. It noted the importance of a reasonable approach to credibility assessment, referencing relevant case law. The Tribunal also referred to Ministerial Direction No. 84 and associated guidelines concerning refugee and complementary protection.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the applicant satisfies section 36(2)(a) of the Migration Act 1958, indicating that Australia has protection obligations towards the applicant as a refugee.