2316069 (Refugee)

The Administrative Appeals Tribunal reviewed a decision not to grant a protection visa to an applicant from Fiji. The applicant claimed to have been physically harmed by political opponents from the Fiji First party due to his involvement with the opposing People's Alliance Party. He alleged that the Fiji Police Force had failed to take action on his complaints.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) or if Australia had complementary protection obligations towards him. This involved assessing the applicant's claims of fear of persecution and significant harm, as well as his credibility, particularly in light of previous visa applications where he had submitted a bogus document.

The Tribunal considered the applicant's evidence, including his application responses and a supporting letter, alongside relevant guidelines and country information. It noted that the applicant had not satisfied the refugee criterion under s 36(2)(a) of the Act. The Tribunal also considered the complementary protection criterion under s 36(2)(aa), which requires substantial grounds for believing there is a real risk of significant harm as a necessary and foreseeable consequence of removal. However, the Tribunal found that the applicant had not established a well-founded fear of persecution or a real risk of significant harm. The Tribunal also noted that the applicant had not demonstrated that he could not reasonably relocate within Fiji to avoid harm, nor that effective protection measures were unavailable.

The Tribunal affirmed the decision not to grant the applicant a protection visa.