1935617 (Refugee)

The applicant, a citizen of Fiji, sought a protection visa in Australia. She claimed to have experienced emotional harm and fear due to political uncertainty and traumatic incidents in Fiji between 2001 and 2019, including periods of government and military unrest, which she stated left her feeling unsafe and hopeless as a single mother. She arrived in Australia in July 2018 on a student visa, which subsequently ceased.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958. This required determining if she was a refugee due to a well-founded fear of persecution, or if she was owed complementary protection because there was a real risk of significant harm upon removal from Australia. The Tribunal also considered whether she was a member of the same family unit as a person who met these criteria.

At the hearing, the applicant stated she no longer feared harm in Fiji and wished to remain in Australia for better study and work opportunities for herself and her daughter. The Tribunal found that while Fiji had experienced periods of political instability, the applicant did not demonstrate a current well-founded fear of persecution for a refugee nexus reason. Furthermore, the Tribunal considered country information indicating economic recovery in Fiji and the availability of educational and vocational opportunities, concluding that the applicant had not established a real risk of significant harm upon return. Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.