1620532 (Refugee)

This matter concerned an application for a protection visa by a Nigerian national. The applicant claimed to fear harm, including ritual killing, from pagan worshippers of the Ikolo cult in Nigeria due to her conversion to Christianity. The delegate of the Department of Home Affairs had previously refused the application, finding that the applicant had not established a real risk of harm. The applicant sought review of this decision before the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth) (the Act), or alternatively, the complementary protection criterion under section 36(2)(aa) of the Act. This involved assessing the applicant's claims of fear of persecution based on her religion and the real risk of suffering significant harm if returned to Nigeria, considering the evidence presented and relevant country information.

The Tribunal considered evidence provided to the Department and before the Tribunal, as well as independent country information regarding Nigeria. The applicant's claims included witnessing human sacrifice as a child and her family's involvement in pagan rituals, contrasted with her brother's conversion to Christianity and subsequent death. The Tribunal was required to make a credibility assessment of the applicant's claims, taking into account any discrepancies in her statements and the vulnerabilities of the applicant. The Tribunal also had regard to Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines. The Tribunal ultimately affirmed the decision under review, finding that the applicant did not meet the criteria for the grant of a protection visa.