2200161 (Refugee)

The Administrative Appeals Tribunal considered the case of a Fijian woman seeking a protection visa. The applicant claimed she was a member of a particular social group, specifically a homosexual woman, who had experienced shaming, bullying, and assault from her family and community in Fiji. She had made multiple entries and departures from Australia and applied for the visa after the death of her father, who had been a supporter, and the village head.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth), which involves having a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion. Specifically, the court needed to assess if the applicant's fear of persecution as a lesbian woman in Fiji constituted a well-founded fear of persecution due to her membership in a particular social group, and whether effective protection measures were available to her in Fiji.

The Tribunal found the applicant's evidence to be consistent, personal, credible, and compelling, supported by documentary evidence and witness statements. It accepted that she is a lesbian Fijian woman who has experienced verbal and physical abuse from her family and community due to her sexual relationships. This was consistent with independent country information indicating a moderate risk of official and societal discrimination and violence against LGBTI people in Fiji, and that police protection is not always available or reliable. The Tribunal concluded that the applicant had a well-founded fear of persecution and that Australia had protection obligations towards her under section 36(2)(a) of the *Migration Act*.

Accordingly, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*.