2008556 (Refugee)

The applicants, who arrived in Australia on visitor visas, sought protection visas. The primary applicant claimed that she and her son were assaulted by police officers in Fiji in July 2019, during which they were injured and she was given the impression she was a suspect in a fraud investigation. Following this incident, she feared returning to Fiji due to concerns about police misconduct and potential further harassment. The case was heard by Jessica Edis, a member of the Tribunal.

The central legal issues before the Tribunal were whether the applicants qualified as refugees under the Migration Act 1958, specifically whether they had a well-founded fear of persecution for a Convention reason, and whether Australia had complementary protection obligations towards them due to a real risk of suffering significant harm. The Tribunal was required to consider the applicants' past experiences, their fear of future harm, and the availability of protection within Fiji, taking into account relevant guidelines and country information.

The Tribunal accepted the primary applicant's account of the police incident and her genuine fear at the time of leaving Fiji, noting that her fears were consistent with information regarding police violence in Fiji. However, the Tribunal found that the applicants did not meet the criteria for a refugee visa, as there was no "refugee nexus" to their claims. Furthermore, regarding complementary protection, the Tribunal was not satisfied that there was a real risk of significant harm. This conclusion was influenced by the primary applicant's evidence that the fraud investigation had concluded and that she doubted the police would be interested in her if she returned to Fiji. The Tribunal also considered that the applicants could potentially relocate within Fiji or obtain protection from Fijian authorities, and that the risk, if any, was faced by the general population.

Ultimately, the Tribunal affirmed the decision not to grant the applicants protection visas, concluding that Australia did not have protection obligations towards them under section 36(2) of the Migration Act 1958.