1610333 (Refugee)

This matter concerned an application for a protection visa by a Nigerian national. The applicant claimed he was persecuted by adherents of the traditional [Religion 1] faith due to his refusal to uphold his inherited position as chief priest, which he found incompatible with his Christian beliefs. He also alleged he faced threats and violence from members of the PDP political party due to his support for the APC political party. The applicant contended that Nigerian authorities could not provide him with adequate protection. The decision under review was made by the Refugee Tribunal.

The Refugee Tribunal was required to determine whether the applicant had a well-founded fear of persecution for reasons of his imputed political opinion or membership of a particular social group, and whether he would be subjected to torture or cruel, inhuman, or degrading treatment or punishment, such that Australia had complementary protection obligations towards him. Specifically, the Tribunal needed to assess the credibility of the applicant's claims regarding threats to his life and family from both religious extremists and political opponents, and the capacity of the Nigerian state to offer effective protection.

The Tribunal considered the applicant's evidence that he inherited the role of chief priest from his father and that his refusal to perform traditional rituals, due to his Christian faith, led to threats of violence and an assassination attempt, which resulted in the death of a colleague. The Tribunal also noted the applicant's admission of providing premises for APC political party meetings, which he claimed made him an enemy of the PDP. The Tribunal was required to assess this evidence in light of Ministerial Direction No. 56, which mandates consideration of relevant guidelines and country information. The Tribunal found that the applicant's claims should be assessed against Nigeria for the purposes of both Convention refugee status and complementary protection.

The Refugee Tribunal remitted the decision for reconsideration.