1606569 (Refugee)

The applicant, a Nigerian man of Igbo ethnicity and Catholic religion, sought a protection visa based on claims of harm from Boko Haram, his status as a member of the Osu caste, and his refusal to cooperate with an Ogboni cult. The court was required to determine whether the applicant had a well-founded fear of persecution or faced a real risk of significant harm upon return to Nigeria, considering the country information provided regarding Boko Haram's activities, the Osu caste system, and cults in Nigeria.

The court considered the applicant's claims in light of the relevant provisions of the Migration Act 1958, including the criteria for a protection visa and complementary protection. The court noted that anonymous allegations had been made to the Tribunal suggesting the applicant was not estranged from his wife and was not at risk in Nigeria. However, the court stated it would not give these allegations any weight due to the inability to test their veracity or motivation. The court also considered country information regarding Boko Haram, the Osu caste, and cults, as well as the possibility of relocation within Nigeria and the availability of state protection.

Ultimately, the court affirmed the decision not to grant the applicant a protection visa. The applicant did not satisfy the criterion under section 36(2) of the Migration Act 1958.