2320119 (Refugee)

The applicant sought review of a decision by the Refugee Tribunal to affirm the refusal of a protection visa. The applicant, a national of Fiji, claimed he would be unable to find work upon return and would suffer significant stress and hardship due to the high cost of living and the absence of a social fund. He also stated he would not be harmed or mistreated and that the Fijian government had other priorities.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958, specifically whether he was a refugee due to a well-founded fear of persecution, or alternatively, whether he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji under the complementary protection criterion in section 36(2)(aa).

The Tribunal considered the applicant's evidence, including his statements about leaving Fiji to work in Australia, his employment history in Fiji which indicated he had been able to find work despite COVID-19 and vaccination disagreements, and his admission that he would not be harmed or mistreated upon return. The Tribunal found that the applicant's claims of inability to find work and resulting hardship did not amount to a well-founded fear of persecution or a real risk of significant harm. The Tribunal noted that the applicant had been employed for substantial periods in Fiji and that the mere fact of earning more in Australia did not establish a claim for protection. The Tribunal also considered the country information and relevant guidelines as mandated by Ministerial Direction No. 84.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Act.