2308430 (Refugee)

This matter concerned an application for review of a decision to refuse a protection visa. The applicant, a citizen of Fiji, claimed he feared he would be blamed for events arising from the 1987 coup in Fiji. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had a real chance of suffering serious or significant harm in Fiji.

The Tribunal considered the applicant's claims in light of the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth) and Schedule 2 to the Migration Regulations 1994 (Cth), including both refugee and complementary protection grounds. In accordance with Ministerial Direction No. 84, the Tribunal also took into account relevant guidelines and country information. The Tribunal noted that the applicant had been given a meaningful opportunity to present his evidence and submissions.

The Tribunal found that the applicant had not engaged in any material political events or discussions that would place him at risk. While the applicant raised concerns about land disputes and the political climate in Fiji, the Tribunal concluded that these issues did not establish a real chance of him suffering serious or significant harm. The Tribunal also addressed the applicant's claims regarding village by-laws and relocation, finding them to be factually incorrect in his case. The Tribunal ultimately affirmed the decision under review.