1501160 (Refugee)

The applicant, a Nigerian national, sought a protection visa, claiming a well-founded fear of persecution based on her bisexuality. She alleged that her family had subjected her to violence and threats, including a knife attack, due to her sexual orientation, and that she feared imprisonment or death under Sharia law or from her family. The applicant also asserted that there was no legal protection available for the LGBT community in Nigeria and that she could not relocate within the country due to cultural differences and the continued threat from her family.

The Administrative Appeals Tribunal was required to determine whether the applicant was bisexual and, if so, whether she met the criteria for a protection visa under section 36(2)(a) of the Migration Act. This involved assessing the credibility of her claims regarding her sexuality, the harm she feared from her family and the Nigerian legal and societal context, and the availability of state protection. The Tribunal was also directed to consider relevant policy guidelines and country information assessments.

The Tribunal found that the applicant's claims were credible, particularly in light of the evidence presented, including her own statutory declaration and the oral evidence of a friend. It concluded that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention. Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfied the criterion set out in section 36(2)(a) of the Migration Act.