2103132 (Refugee)

The applicant, a citizen of Fiji, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear persecution due to his political opinion, specifically his alleged support for the SODELPHA party. The delegate of the Minister had found that the applicant had not established a well-founded fear of persecution, citing credibility concerns arising from inconsistent and contradictory information provided by the applicant. The matter came before the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the applicant had discharged the onus of proving that he held a well-founded fear of persecution for reasons of his political opinion, as required for the grant of a protection visa under the *Migration Act 1958* (Cth). This involved assessing the applicant's credibility and determining whether his claimed political affiliations and the alleged consequences of those affiliations met the threshold for persecution.

Her Honour, Judge Lo Piccolo, affirmed the delegate's decision. The Court found that the applicant had provided inconsistent and contradictory information regarding his involvement with the SODELPHA party. These credibility concerns led the Court to conclude that the applicant had not established that he was an active supporter of the party, nor that he held a genuine fear of persecution on that basis. Consequently, the Court was not satisfied that the applicant had a well-founded fear of persecution for reasons of his political opinion. The decision under review was affirmed.