2407607 (Refugee)

The applicant, a citizen of Fiji, sought review of a decision by the Minister to refuse to grant a protection visa. The applicant claimed to fear persecution in Fiji due to family violence, specifically alleging a physical assault and a fear of being killed by her former partner. She also contended that her refusal to renounce her ownership of land, which was a source of dispute with her former partner, placed her in danger. The decision under review was made by the delegate of the Minister. The matter was heard by Phillippa Wearne.

The primary legal issue before the court was whether the applicant had established a well-founded fear of persecution for a Convention reason, namely membership of a particular social group, in Fiji. This involved assessing the credibility of the applicant's claims of family violence, the risk of serious harm upon return, and the availability and effectiveness of internal relocation as a protection mechanism. The court also considered whether the applicant's refusal to renounce land ownership constituted a relevant factor in her fear of persecution.

Her Honour found that the applicant's evidence regarding the physical assault and the threats made against her was credible. However, Her Honour determined that the applicant had not established that the fear of harm was so serious as to amount to persecution for a Convention reason. While acknowledging the reality of family violence, the court concluded that the specific circumstances presented did not meet the threshold for protection under the *Migration Act 1958* (Cth). The court considered the possibility of internal relocation and found that the applicant could relocate within Fiji to a place where she would not face the same level of risk.

The application for review was affirmed, meaning the Minister's decision to refuse the protection visa was upheld.