2313638 (Refugee)

The Administrative Appeals Tribunal considered the application of a Fijian citizen for a Protection visa. The applicant claimed to have fled Fiji due to his political opinions, fear of a criminal gang for whom he acted as a whistle-blower, and to escape bullying, peer pressure, and economic hardship. He alleged he had been physically and psychologically abused and threatened by his ex-wife and her family, and feared retaliation if he sought help within Fiji. The applicant also stated he could not relocate within Fiji due to a lack of support and resources.

The primary 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) (the Act) by establishing a well-founded fear of persecution for reasons of political opinion, or alternatively, under section 36(2)(aa) of the Act, whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Fiji, he would suffer significant harm. The Tribunal was required to consider the applicant's claims in light of the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments.

The Tribunal found that the applicant's claims regarding political opinion were not substantiated to the required standard, noting that any such opinions were expressed only to his family and did not lead to harm. Furthermore, the Tribunal considered that general economic conditions and low-level anti-social behaviour in Fiji affected all Fijians and did not, in themselves, establish a real risk of significant harm. The Tribunal also noted that the applicant's stated reasons for applying for a protection visa, including its lower cost compared to a partner visa, and the delay in application, along with the absence of new information, did not support his claims. The Tribunal concluded that the applicant did not satisfy the criteria for a Protection visa.

Consequently, the Tribunal affirmed the decision not to grant the applicant a Protection visa.