1929591 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa, brought by an applicant from Fiji before the Tribunal. The applicant claimed he had a well-founded fear of persecution due to his family's pursuit of justice for the death of a relative at the hands of a Fijian military officer, and that he had suffered psychological and verbal abuse from students belonging to military families. He also asserted that he was deprived of university studies and employment in Fiji, and that Fijian authorities could not protect him.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1) of the Act, and if there was a real chance of persecution upon return to Fiji. Alternatively, the Tribunal had to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, the applicant faced a real risk of suffering significant harm as defined in section 36(2A) of the Act.

The Tribunal considered documentary evidence, including the applicant's visa application and Fijian identification documents, and noted that the delegate had accepted the applicant's relative had died from injuries inflicted by a Fijian army officer. However, the delegate did not accept that the applicant had an adverse profile with Fijian authorities or that he could not obtain protection from them. During the review hearing, the applicant, appearing unrepresented, confirmed his understanding of the refugee and complementary protection criteria. Despite his claims of past abuse and fear of victimisation, the Tribunal found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm. The Tribunal noted that the applicant had not suffered any personal or public abuse since arriving in Australia, had no adverse profile with Fijian authorities, and had better employment opportunities in Australia.

The Tribunal affirmed the delegate's decision to refuse the protection visa.