2206878 (Refugee)

The applicant, a Fijian citizen, sought a protection visa in Australia, claiming he was unable to return to Fiji due to COVID-19 restrictions and feared infecting his family there. The Administrative Appeals Tribunal reviewed the delegate's decision to refuse the visa. The applicant's case was assessed against Fiji as the country of nationality and receiving country.

The Tribunal was required to determine whether the applicant had a well-founded fear of persecution for one of the five prescribed reasons under section 5J(1)(a) of the *Migration Act 1958* (Cth), or whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, he faced a real risk of suffering significant harm under section 36(2)(aa) of the Act.

The Tribunal considered the applicant's personal circumstances, including his family in Fiji and his previous business and current employment. It noted that the applicant's claims were based on concerns related to the COVID-19 pandemic and the risk of infection to himself and his family. However, the Tribunal found that these concerns did not meet the threshold for persecution under section 5J(1)(a) or significant harm under section 36(2)(aa) of the Act. The Tribunal affirmed the delegate's decision not to grant the protection visa.