2009678 (Refugee)

The applicants, indigenous Fijians with a connection to the military, sought review of a decision not to grant them protection visas. They claimed to fear harm in Fiji due to their ethnicity and association with the military, as well as their age and inability to support themselves. The case was heard by the Tribunal.

The central legal issue before the Tribunal was whether the applicants met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This required determining if they were refugees, defined by a well-founded fear of persecution for specific reasons, or if they faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji, under the complementary protection criterion in section 36(2)(aa).

The Tribunal considered the applicants' claims that they feared harm due to their indigenous Fijian status and their husband's military service, and as older individuals unable to work. It also considered their claims regarding the political changes in Fiji and the potential for victimisation. However, the Tribunal was not satisfied that the applicants had a well-founded fear of persecution or a real risk of significant harm. The Tribunal affirmed the delegate's decision not to grant the protection visas.