1618576 (Refugee)

This matter concerned an application for a protection visa by a Nigerian national of Igbo ethnicity. The applicant claimed to fear harm from Nigerian authorities, including a "government killer squad" and the military, due to his Biafran identity, Igbo ethnicity, Christian religion, political opinion advocating for equal human rights for Biafran and Igbo people, membership in an association merged with the Movement for the Actualisation of the Sovereign State of Biafra (MASSOB), and general political activities against the Nigerian government in support of MASSOB and the Biafran independence movement. The applicant stated his employment was terminated due to harassment from government agencies because of his anti-government stance.

The legal issues before the court were whether the applicant met the refugee criterion under s.36(2)(a) of the Migration Act 1958, or alternatively, the complementary protection criterion under s.36(2)(aa). The court was required to consider the likely actions of the applicant upon return to Nigeria and the response of Nigerian authorities to such actions, particularly in light of his claimed support for MASSOB. The court also had to consider updated country information from the Department of Foreign Affairs and Trade (DFAT) regarding Nigeria and the Economic Community of West African States (ECOWAS), which the applicant had an opportunity to comment on.

The court applied the principles of refugee and complementary protection, referencing Ministerial Direction No. 84 and relevant guidelines. It considered the historical context of the Biafran conflict and the ongoing resurgence of calls for self-determination in the southeast of Nigeria, noting the prominence of MASSOB and the Indigenous People of Biafra (IPOB). The court found that the applicant satisfied the criterion under s.36(2)(a) of the Migration Act 1958, meaning Australia had protection obligations towards him under the Refugees Convention.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies s.36(2)(a) of the Migration Act 1958.