2210073 (Refugee)

The applicant, a citizen of Fiji, sought review of the refusal of his protection visa application. He claimed to fear persecution and death threats from the government of Frank Bainimarama and alleged his village was attacked by the army in May 2018, leaving him a victim. He asserted that Fiji is too small for him to relocate and that supporters of Bainimarama would kill him if he returned, believing authorities would not help due to government support for criminals. The Tribunal considered this evidence alongside information regarding the political situation in Fiji and the applicant's history of multiple entries and departures from Australia.

The central legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person in respect of whom Australia has protection obligations due to a real risk of significant harm upon removal to Fiji. This required assessing the applicant's claims of persecution for reasons of political opinion and the credibility of his evidence in light of available country information.

The Tribunal affirmed the delegate's decision to refuse the protection visa. It found that the applicant was a citizen of Fiji and that Fiji was the relevant "receiving country." The Tribunal considered the applicant's claims of harm and fear of persecution, but found that the evidence did not establish a well-founded fear of persecution for reasons of political opinion. Specifically, the Tribunal noted a lack of corroborating evidence for the alleged village attack and that more recent information indicated that critics of the government were no longer subject to harm. Consequently, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.