1611949 (Refugee)

The applicant, a Nigerian national, sought a protection visa, claiming a well-founded fear of persecution based on her religion, gender, and membership in a particular social group. The dispute concerned whether the applicant met the criteria for a protection visa under Australian law. The decision was made by Jane Marquard.

The legal issues before the court were whether the applicant had a well-founded fear of persecution for reasons of her religion, membership of a particular social group (specifically, women in Nigeria, uncircumcised girls in Nigeria, and victims of domestic violence), and whether the Nigerian state could offer adequate protection. The court also considered the reasonableness of internal relocation within Nigeria and the applicant's credibility.

The court considered extensive evidence regarding the applicant's background, including her upbringing in a polygamous household, her father's alleged violence and harshness, the forced circumcision and subsequent illness and ostracisation of her sisters, and her own experiences of domestic violence, including a forced abortion. The applicant also claimed to have converted to Christianity and feared persecution from Muslim groups and her father, particularly concerning female genital mutilation (FGM) and forced marriage. The court noted inconsistencies in the applicant's evidence, such as the timing of events and her attendance at a church. The court also considered the prevalence of FGM in Nigeria, the potential for harm from non-state agents, and the limitations of state protection.

The decision under review was remitted.