1705555 (Refugee)

The applicant, a Nigerian national, sought review of a decision to refuse his protection visa application. The applicant claimed to fear harm from a prominent figure known as 'Baba Alado' and his associates, referred to as the 'Alado boys', in Nigeria, citing his social activism and opposition to their activities. The dispute centred on whether the applicant met the criteria for a protection visa, including the availability of state protection in Nigeria and the possibility of internal relocation or third-country protection.

The court was required to determine whether the applicant had a well-founded fear of persecution, whether Australia had protection obligations towards him, and if any exclusion clauses under the Migration Act 1958 (Cth) applied. Specifically, the court considered the adequacy of state protection in Nigeria, the reasonableness of internal relocation within Nigeria, and the availability of effective third-country protection. The court also noted submissions regarding potential ministerial intervention due to compassionate circumstances involving the applicant's Australian citizen infant son.

The court found that while Nigeria's state protection was not perfect, it was adequate to mitigate the risk of serious harm to the applicant, meaning his fear of persecution was not well-founded to the required standard. The court also considered the applicant's prior conduct in Nigeria, suggesting that his claims of fear were not genuinely held before his arrival in Australia, which would enliven the availability of third-country protection under ECOWAS arrangements. However, the court concluded that the applicant could avail himself of state protection in Nigeria, and therefore, the exclusion clause under section 36(3) of the Act did not need to be determined in this review. The court acknowledged the submissions concerning ministerial intervention, noting the compassionate circumstances involving the applicant's Australian son, but stated that this was a matter for the Minister directly.