1509551 (Refugee)

The applicant, a Nigerian national, sought a protection visa in Australia, claiming he feared serious or significant harm upon return to Nigeria. His claims were based on his refusal to act as custodian of a local religious oracle, which he stated conflicted with his Christian faith. He alleged he had been attacked and harassed by members of the oracle for opposing their customs and had also spoken out against government corruption, which he believed placed him at risk from the authorities.

The primary legal issue before the Tribunal was whether it could be satisfied that the applicant faced a real chance of serious or significant harm on return to Nigeria for the reasons he claimed. This required the Tribunal to consider the criteria for a protection visa under section 36 of the Migration Act 1958 (Cth) and Schedule 2 of the Migration Regulations 1994 (Cth), specifically the refugee criterion under section 36(2)(a) and the complementary protection criterion under section 36(2)(aa).

The Tribunal noted that the applicant had been invited to attend a hearing to present evidence and arguments but failed to respond or attend. In the absence of the applicant's attendance and further evidence, and considering the available country information, the Tribunal concluded that the applicant had not satisfied the criteria for a protection visa. The Tribunal affirmed the delegate's decision not to grant the visa.