2111749 (Refugee)

This matter concerned an application for review of a decision regarding a protection visa for an applicant from Fiji. The applicant claimed to be an indigenous Fijian (iTaukei) and asserted that he faced persecution due to the political situation in Fiji, including past experiences of his father being assaulted by the military government in 2007, and current economic difficulties stemming from unemployment and corruption. The court was required to determine whether the applicant met the criteria for a protection visa, specifically considering the complementary protection criterion in light of the political and economic circumstances in Fiji.

The court applied the principle that the onus rests on the applicant to specify all particulars of their claim and provide sufficient evidence to establish it, with no obligation on the Tribunal to assist in this regard. In assessing the applicant's claims regarding the political situation, the court considered country information from the Department of Foreign Affairs and Trade (DFAT). DFAT reports indicated that Fiji's politics were no longer characterised by past unrest, with the 2018 election being calm and orderly. Subsequent to the December 2022 general election, a coalition government was formed, and DFAT was not aware of any reports of individuals being pursued or harassed by the government or military forces due to opposition to the former Prime Minister.

The court affirmed the decision under review. It was satisfied that the applicant was a Fijian citizen and that Fiji was his country of nationality and the receiving country. The court's assessment of the political and economic situation in Fiji, based on the provided country information, did not establish that the applicant would face persecution or harm upon return. The applicant's personal background, including his employment history and reliance on family support, did not, in the context of the country information, satisfy the requirements for a protection visa.