2007398 (Refugee)

The applicant, a male from Suva, Fiji, sought a protection visa in Australia. He claimed that upon return to Fiji, he and his family would face poverty and unhappiness, and that he feared the government of the time due to its harsh treatment of those expressing their rights. The Department refused his visa application, finding no claims related to refugee grounds and no risk of significant harm for complementary protection. The applicant appealed this decision to the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, as a refugee with a well-founded fear of persecution, or under section 36(2)(aa), as a non-citizen facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji. The Tribunal was required to consider the applicant's claims in light of the relevant guidelines and country information, and to determine if his stated reasons for leaving Fiji constituted a well-founded fear of persecution or a real risk of significant harm.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It found that the applicant did not satisfy the criteria for being a refugee, as his claims did not establish a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Furthermore, the Tribunal determined that the applicant did not meet the criteria for complementary protection, as there were no substantial grounds for believing he faced a real risk of suffering significant harm upon return to Fiji. The Tribunal concluded that the applicant did not satisfy any of the criteria in section 36(2) of the Act.