1931594 (Refugee)

The Tribunal considered an application for a protection visa made by a citizen of Fiji. The applicant claimed to have suffered psychological stress and depression in Fiji due to government suppression of voices and the erosion of traditional values. She also alleged past religious discrimination in her employment, which led to her termination. The applicant stated that her return to Fiji would exacerbate her mental health issues and potentially lead to self-harm or harm to others.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958, specifically whether she had a well-founded fear of persecution for a refugee nexus reason, or if she was owed complementary protection. The Tribunal was required to assess the applicant's claims in light of country information regarding Fiji and the provisions of the Migration Act concerning refugee status and significant harm.

The Tribunal reasoned that while it accepted the applicant held a political opinion and had experienced religious discrimination in the past, the change of government in Fiji meant it was speculative to assume she would face persecution for her political opinion. Furthermore, the Tribunal found no evidence to suggest she would experience religious discrimination in the reasonably foreseeable future, particularly given the acceptance that she could now speak freely about her faith. Regarding her health concerns, the Tribunal noted that country information indicated healthcare was generally available in Fiji, including specialist services, and the applicant was not aware of any reason she would be denied healthcare or treated differently from others. Consequently, the Tribunal was not satisfied that the applicant would suffer significant harm as required for complementary protection.

The Tribunal affirmed the decision not to grant the applicant a protection visa, concluding that she did not satisfy the criteria under section 36 of the Migration Act.