1929564 (Refugee)

The applicants, a married couple and their adult son, sought review of a delegate's decision to refuse them protection visas. The applicants, who are indigenous Fijians, claimed they feared harm in Fiji due to the first applicant's former employment as a prison officer, his political views opposing the current government, and their ethnicity. They arrived in Australia in late 2018 and applied for protection visas in January 2019, having previously visited Australia for a church conference.

The core legal issues before the Tribunal were whether the applicants had a well-founded fear of persecution for reasons of race or political opinion, and whether there was a real risk of them suffering significant harm if returned to Fiji. Specifically, the Tribunal had to consider if the first applicant's experiences as a prison officer, his criticisms of the government, and his indigenous Fijian status constituted grounds for protection under the Migration Act 1958 (Cth). The Tribunal also needed to assess whether effective protection measures were available in Fiji and if the applicants could reasonably relocate within Fiji to avoid any potential harm.

The Tribunal affirmed the delegate's decision, finding that the applicants had not established a real chance of being persecuted or suffering significant harm for reasons of their political opinion or indigenous Fijian race. The Tribunal considered the country information regarding Fiji and the applicants' claims, concluding that the evidence did not demonstrate a well-founded fear of persecution. Consequently, the Tribunal was not satisfied that Australia had protection obligations towards the applicants, and they therefore did not meet the criteria for a protection visa.