2117044 (Refugee)

The Administrative Appeals Tribunal considered an application for a protection visa made by a national of Fiji. The applicant claimed to be gay and asserted that he faced persecution in Fiji due to his sexuality, including bullying, stones being thrown at him, and being called a "bad curse." He also alleged he was mentally traumatised and brutally beaten, and that his family was bullied. The applicant's claims were assessed against the criteria for a protection visa under the *Migration Act 1958* (Cth).

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of section 5H of the Act, or whether he faced a real risk of suffering significant harm as a consequence of being removed from Australia to Fiji under section 36(2)(aa) of the Act. This involved assessing the applicant's claims of persecution based on his sexuality and considering the availability of effective state protection in Fiji.

The Tribunal applied the principles outlined in the *Migration Act 1958* (Cth) regarding well-founded fear of persecution and significant harm. It considered the evidence presented by the applicant, including his oral evidence at the hearing, and also took into account country information assessments. The Tribunal noted discrepancies and misunderstandings during a previous interview with a delegate, where no interpreter was used. Ultimately, the Tribunal found that the applicant did not satisfy the criterion for a protection visa, and therefore affirmed the decision not to grant the visa.