2013688 (Refugee)

The applicant, a citizen of Fiji, sought review of a decision by the Refugee Review Tribunal (RRT) affirming the refusal of a protection visa. The applicant claimed a fear of being taken by the military upon return to Fiji, stemming from their involvement in distributing pamphlets during the 2006 coup. The applicant had departed Fiji legally.

The primary legal issue before the court was whether the RRT had erred in its assessment of the applicant's claims for protection. Specifically, the court considered whether the RRT had adequately assessed the real chance of the applicant suffering harm amounting to persecution, given their past actions and the political climate in Fiji.

The court affirmed the RRT's decision, finding that the applicant had not established a well-founded fear of persecution. The RRT had correctly noted that the applicant did not possess an adverse political profile and had departed Fiji legally. The distribution of pamphlets, in the context of the applicant's overall circumstances and lack of further engagement with political opposition, was not considered sufficient to establish a real chance of being targeted by the military upon return. The court applied the principles established in *Minister for Immigration and Ethnic Affairs v Teoh* and *Chan v Minister for Immigration and Ethnic Affairs* regarding the assessment of claims for protection visas.