2011691 (Refugee)

The applicant sought a protection visa, claiming that she left Fiji due to a lack of employment opportunities caused by government instability. She expressed a preference for living in Australia, citing better employment prospects and the support of her cousins. The applicant stated she feared she would be unable to support herself in Fiji due to her parents' age and a lack of government support, and she did not wish to relocate within Fiji as it would lead to societal pressures to settle down and start a family. Crucially, when asked if she had experienced harm in Fiji or feared future harm, the applicant answered "no." The decision was made by Khanh Hoang, a member of the Tribunal.

The central legal issues before the Tribunal were whether the applicant met the criteria for a protection visa, specifically whether she was a refugee or faced a real risk of significant harm upon return to Fiji. This required determining if her stated fears, particularly regarding economic hardship and societal expectations, constituted a "well-founded fear of persecution" or "significant harm" as defined by the Migration Act 1958. The Tribunal also had to consider the applicant's responsibility to provide sufficient particulars and evidence to substantiate her claims.

The Tribunal reasoned that the mere assertion of a fear does not establish its genuineness or that it is well-founded. It is incumbent upon the applicant to satisfy the Tribunal of all statutory elements, and the Tribunal is not obligated to construct or assist in establishing the applicant's case. The applicant's claims were found to be brief and insufficiently detailed to establish a real chance of persecution or a real risk of significant harm. Furthermore, the applicant explicitly stated she had not experienced harm and did not fear it upon return. The Tribunal also noted that the applicant did not satisfy the criteria under section 36(2) as a family member of a protection visa holder.

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