2403681 (Refugee)

The applicant sought review of a decision by the Tribunal to affirm the refusal of his protection visa application. The applicant claimed he was unable to support his aging parents in Fiji due to economic conditions and limited employment opportunities there, and that he would be unable to find work in Australia if returned. He also stated he was in a relationship with an Australian national.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution under section 36(2)(a) of the Migration Act 1958, or whether he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Fiji under section 36(2)(aa). The court also considered the applicant's claims regarding his inability to support his parents and the potential harm he might face upon return.

The court found that the applicant did not have a well-founded fear of persecution. It noted that his mother and siblings were employed in Fiji, and while pay might be lower than in Australia, this did not constitute significant harm. The court also considered the applicant's relationship with his Australian partner, concluding that separation from her would not amount to significant harm. The applicant's stated reasons for travel to Australia and his claims about his educational background and employment history were found to be inconsistent with available country information and his own evidence.

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