1931426 (Refugee)

This matter concerned an application for a protection visa by an individual from Fiji. The applicant claimed he was denied the right to work and earn a living due to his involvement with a union, leading to psychological and economic harm. He feared mistreatment and refusal of employment if returned to Fiji. The delegate had refused the visa, finding insufficient evidence of union membership or dismissal for that reason, and noting limited efforts to find alternative employment before departing Fiji. The delegate also considered country information suggesting a low risk of mistreatment for union members in Fiji and was not satisfied the applicant met the criteria for a refugee or for complementary protection.

The primary legal issues before the Tribunal were 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 not, 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 was required to consider the applicant's claims in light of relevant guidelines and country information.

The Tribunal noted that the delegate had accepted that the applicant may have been dismissed for union membership but found a lack of evidence to support this and other claims of mistreatment. The delegate also considered country information indicating a low risk of mistreatment for union members in Fiji. The Tribunal subsequently invited the applicant to a hearing, indicating it was unable to make a favourable decision based on the existing material. The applicant's representative sought an adjournment due to the applicant's inability to attend, citing personal circumstances and travel difficulties. After some exchange regarding flight availability and the representative's conduct, the Tribunal offered alternative hearing dates and the option of appearing via Microsoft Teams. The applicant's representative accepted a hearing for Thursday, 10 November 2022.