1501797 (Refugee)

The applicant, a dual citizen of Nigeria and Japan, sought review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to refuse to grant a protection visa. The applicant claimed to fear persecution in Nigeria due to her refusal to undergo female circumcision and her fear of Boko Haram, and in Japan due to racial discrimination and her medical condition. The Federal Circuit and Family Court of Australia was required to determine whether the applicant met the criteria for a protection visa under the Migration Act 1958 (Cth).

The primary legal issues before the court were whether the applicant had established a well-founded fear of persecution for reasons of membership of a particular social group (specifically, women who refuse to undergo female circumcision) or for reasons of race or religion. The court also considered whether the applicant's claims regarding persecution in Japan were credible and whether she had made inconsistent claims about her reasons for leaving Japan.

The court found that the applicant's claims regarding female circumcision were not substantiated to the required standard, noting inconsistencies in her evidence. While acknowledging the general threat posed by Boko Haram, the court found that the applicant had not demonstrated a specific risk of persecution to her personally, particularly given her status as a naturalised Japanese citizen and her prior asylum seeker status in the west. The court also found that the racial discrimination experienced in Japan, while regrettable, did not rise to the level of persecution for the purposes of the Migration Act. The court ultimately concluded that the applicant had not established a well-founded fear of persecution.

The application for review was dismissed.