2010665 (Refugee)

The applicant, an indigenous Fijian, sought review of a decision by the Minister for Immigration and Citizenship to refuse to grant a protection visa. The applicant claimed to fear persecution in Fiji due to his ethnicity and political opinion, alleging he had been investigated and tortured by police and military personnel following the presumed death of a friend. The applicant had previously been returned to Fiji as a failed asylum seeker and contended that he faced no further harm upon his return. The decision under review was made by the Minister, and the matter came before Nora Lamont.

The primary legal issue before the court was whether the applicant had established that he would, if returned to Fiji, hold a well-founded fear of persecution for reasons of his ethnicity or political opinion, such that he would be owed protection under the *Migration Act 1958* (Cth). This required the court to assess the applicant's claims against the current country information pertaining to Fiji, particularly concerning the treatment of indigenous Fijians and individuals with perceived anti-government sentiments.

Nora Lamont affirmed the Minister's decision, finding that the applicant had not established a well-founded fear of persecution. The court considered the country information, which indicated no general persecution of indigenous Fijians based on their ethnicity. Furthermore, the court found no evidence that the applicant possessed an anti-government profile or that he had been specifically targeted or would be targeted upon return. The court concluded that the applicant had not demonstrated a real chance of suffering harm amounting to persecution, and therefore, the Minister's decision to refuse the protection visa was affirmed.