2008405 (Refugee)

This matter concerned an appeal by applicants against a delegate's decision to refuse their applications for protection visas. The applicants, citizens of Fiji, claimed they feared persecution and significant harm if returned to Fiji due to political instability, government policies affecting their employment, and a lack of government assistance following Cyclone Winston. They also alleged discrimination against the iTaukei population and financial and emotional hardship. The Tribunal was required to determine whether the applicants met the criteria for a protection visa, including the refugee criterion and the complementary protection criterion.

The Tribunal considered the applicants' claims in light of the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments for Fiji. A preliminary issue involved a non-disclosure certificate issued by the Department, restricting the disclosure of certain information. The Tribunal found the certificate to be valid and determined that the undisclosed information was not relevant to the applicants' case, nor did its non-disclosure deprive them of the possibility of a successful outcome.

In assessing the substantive claims, the Tribunal found that the applicants had not established that they would face persecution or significant harm if returned to Fiji. The Tribunal noted that the applicants did not have a particular profile, were not members of any political party, and that country information did not support claims of official discrimination against the iTaukei or that they would face incarceration or persecution upon return. The Tribunal concluded that the applicants had not suffered past persecution, including by reason of being victims of Cyclone Winston, and that their claims of financial and emotional harm did not rise to the level of persecution or significant harm. Consequently, the Tribunal affirmed the delegate's decision to refuse the protection visas.