2016645 (Refugee)

The applicant, a citizen of Fiji, sought review of a decision not to grant him a protection visa. He arrived in Australia in May 2019 and claimed to fear harm from authorities in Fiji, asserting that the law was unsafe and police lacked sufficient power to protect him. The applicant also expressed concerns about his life due to issues arising since a coup and alleged that authorities were causing problems by harming people.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the *Migration Act 1958* (Cth). This involved assessing whether he was a refugee due to a well-founded fear of persecution, or whether he met the complementary protection criterion due to a real risk of significant harm upon removal to Fiji. The Tribunal also considered whether the applicant was a member of the same family unit as a person who met these criteria.

The Tribunal considered country information and the applicant's claims, noting that the applicant's identity as a Fijian citizen was accepted. However, the Tribunal found that the applicant did not satisfy the criterion for being a refugee under section 36(2)(a) or the complementary protection criterion under section 36(2)(aa). Crucially, the Tribunal determined that the applicant did not satisfy the criterion of being a member of the same family unit as a person who held a protection visa, as no such person was identified in the application.

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