2017344 (Refugee)

The Administrative Appeals Tribunal considered the protection visa application of a Fijian citizen. The applicant claimed to have left Fiji due to threats of physical violence and death from a money lender, Mr. A, and his associates, and alleged that the Fijian police were unable or unwilling to provide protection due to corruption. The Tribunal was required to determine whether the applicant met the criteria for a protection visa under either the 'refugee' criterion in section 36(2)(a) or the 'complementary protection criterion' in section 36(2)(aa) of the Migration Act 1958 (Cth).

The Tribunal applied the principles outlined in the Migration Act regarding refugee status and complementary protection. It considered the applicant's claims of threats and intimidation from a money lender and the alleged inability of Fijian authorities to offer protection. The Tribunal also had regard to Ministerial Direction No. 84, the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and the DFAT Country Information Report Fiji dated 20 May 2022.

Having concluded that the applicant did not meet the 'refugee' criterion, the Tribunal proceeded to assess the 'complementary protection criterion'. The Tribunal found that Australia had protection obligations towards the applicant under section 36(2)(aa) of the Act. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(aa).