2403268 (Refugee)

The Administrative Appeals Tribunal reviewed a decision to refuse a Fijian citizen a protection visa. The applicant claimed to have experienced domestic violence from her mother-in-law, verbal and physical abuse from her brothers, and a sexual assault, leading to mental health concerns and a fear of mistreatment and harm if returned to Fiji.

The Tribunal was required to determine whether the applicant is a person in respect of whom Australia has protection obligations, specifically considering whether she faces a real risk of suffering significant harm as a necessary and foreseeable consequence of being removed from Australia to Fiji, pursuant to section 36(2)(aa) of the Migration Act 1958 (Cth). This involved assessing the applicant's claims of past harm and her fear of future harm in Fiji, in light of relevant country information and guidelines.

The Tribunal found the applicant's evidence to be largely consistent, despite some disorganised delivery due to the nature of her past experiences. However, after considering all the evidence, including the applicant's stated reasons for leaving Fiji and her aspirations in Australia, the Tribunal was not satisfied that she had established a real chance of suffering significant harm upon return. The Tribunal concluded that Australia did not have protection obligations towards the applicant under section 36(2)(aa) of the Act.

Consequently, the Tribunal affirmed the delegate's decision, finding that the applicant is not a person in respect of whom Australia has protection obligations under section 36(2)(a) or section 36(2)(aa).