2109502 (Refugee)

The applicant, a citizen of Fiji, sought a protection visa, claiming a well-founded fear of persecution and harm from her ex-husband, who is a member of the Fijian police department. She alleged a history of threats, humiliation, and mental attacks, and expressed concern that authorities would not protect her due to her ex-husband's position. The applicant also stated she could not relocate within Fiji as her ex-husband would locate her.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for a refugee nexus reason, or if she was owed complementary protection, or if she was a member of the same family unit as a person who met these criteria. The Tribunal was required to consider the applicant's claims in light of the provisions of the *Migration Act 1958* concerning refugees and complementary protection, including the availability of effective protection measures in Fiji.

The Tribunal considered the applicant's claims and the evidence provided, including country information. It found that Fiji was the receiving country for the purposes of the Act. However, the Tribunal concluded that effective protection measures were available to the applicant in Fiji, and therefore she did not have a well-founded fear of persecution. The Tribunal also determined that the applicant did not satisfy the criteria for complementary protection, nor was she a member of the same family unit as someone who did.

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