1611208 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa for Australia. The applicant, a Nigerian national of Christian faith, claimed to be stateless and to have fled Nigeria due to persecution by Muslim militias, including Boko Haram and armed Fulani herdsmen. He also alleged political affiliation with the People's Democratic Party and a perception of wealth, which he feared would make him a target. The applicant contended that the Nigerian government was incapable of providing adequate protection.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2) of the Migration Act 1958 (Cth). Specifically, the court had to assess whether there was a real risk that the applicant would suffer significant harm if returned to Nigeria, and whether any such risk was not faced by the population generally, or if reasonable protection was available from the Nigerian authorities, or if relocation within Nigeria would mitigate the risk. The Tribunal also considered the applicant's claims of statelessness and his inability to obtain protection from his home state.

In its reasoning, the Tribunal applied the principles outlined in section 36(2B) of the Act, which sets out circumstances where a real risk of significant harm is not taken to exist. These include situations where it would be reasonable for the applicant to relocate to another area of the country, where adequate protection could be obtained from the country's authorities, or where the risk faced is general to the population and not personal to the applicant. The Tribunal found that the applicant did not satisfy the criteria under section 36(2) of the Act.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.