1932654 (Refugee)

The applicant, a Fijian national, sought a protection visa in Australia, claiming fear of harm upon return to Fiji due to government policies, restrictions on freedom of expression, and the lack of recognition of Indigenous people's rights. The applicant also asserted that her mental health issues, including depression and suicidal ideation, would resurface if she were returned to Fiji, where she felt unsafe and unable to voice her opinions without fear of reprisal from the military and police. The applicant further contended that there were no adequate support services available in Fiji to address her trauma.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether she had established a well-founded fear of persecution based on a Convention ground, or alternatively, whether she met the criteria for complementary protection. This involved assessing the applicant's claims of discrimination, suppression of basic human rights, and the risk of significant harm as a foreseeable consequence of removal from Australia. The Tribunal also had to consider the relevance of country information and guidelines prepared by government departments in its assessment.

The Tribunal affirmed the decision under review, concluding that the applicant had not established a well-founded fear of persecution on a Convention ground. While acknowledging the applicant's stated concerns regarding government policies, freedom of expression, and the rights of Indigenous people in Fiji, the Tribunal found that these did not, in themselves, constitute a real chance of significant harm or persecution as contemplated by the Act. The Tribunal also considered the applicant's mental health claims and the availability of support services in Fiji, but ultimately determined that the evidence did not support a finding that she would suffer significant harm upon return.