2007874 (Refugee)

The applicant sought review of a decision not to grant him a protection visa. The applicant, an indigenous Fijian (iTaukei), claimed he feared harm from the Fijian government due to the loss of his rights and his family being forced to relinquish land. He also alleged threats to his partner's lawyer and himself. The court was required to determine whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of the applicant's removal to Fiji, there was a real risk he would suffer significant harm, and whether Australia had protection obligations towards him under the Migration Act 1958 (Cth).

The court reasoned that the onus was on the applicant to establish his claims with sufficient evidence, and the Tribunal was not obliged to make his case for him or accept allegations uncritically. The applicant had provided no additional material to the delegate or the Tribunal beyond his original application and a two-page statement, which mirrored the initial claims. The court noted that the applicant had multiple departures from and returns to Fiji, and a new claim was raised at the hearing. An adverse inference was drawn due to the lack of a reasonable explanation for the late introduction of these claims. The court found that the applicant had not satisfied the criteria under section 36(2) of the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.