decision

Refugee Application No. 1916631 (Refugee) - decision

Litigation

Sabin

Filing Year For Action

This case involves an application for a protection visa by two Fijian nationals who arrived in Australia in September 2014. They applied for protection visas on July 5, 2016, which were refused by a delegate of the Minister for Home Affairs. The applicants sought review of this decision at the Administrative Appeals Tribunal (AAT) on June 25, 2019. The Tribunal affirmed the delegate's decision on August 27, 2024.

The applicants claimed protection based on their fear of harm from violent youths involved in drug and alcohol abuse in their area, asserting continuous harassment, property damage, and threats to their safety. Specifically, they cited past incidents, including their water supply being poisoned and their residence stoned. Despite these claims, the Tribunal raised concerns about the credibility of their evidence, noting inconsistencies and embellishments. Moreover, the Tribunal highlighted the significant delay in applying for protection and multiple return trips to Fiji, undermining the applicants' stated fears.

The climate change aspect of the case relates to the broader environmental problems affecting farming viability on Taveuni Island, Fiji. Reports submitted indicated that intensive farming practices combined with climate-related events, such as Tropical Cyclone Winston in 2016 and ongoing environmental degradation, have reduced agricultural productivity significantly, affecting economic stability. However, the Tribunal concluded that these climate-related concerns, although challenging, did not amount to persecution or significant harm as required by law.

Ultimately, the Tribunal determined that the applicants did not meet the refugee or complementary protection criteria, finding no well-founded fear of persecution for protected reasons nor a real risk of significant harm specific to them. Thus, the decision not to grant protection visas was affirmed.