1722184 (Refugee)

The applicant, a Nigerian national, sought a protection visa, claiming he feared harm upon return to Nigeria due to alleged witchcraft accusations against his father, which led to his family's house being set on fire and the death of his mother and son. The delegate of the Minister refused the application, and the applicant sought review by the Tribunal.

The Tribunal was required to determine whether there was a real chance the applicant would suffer serious harm if returned to Nigeria, either due to his race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether there were substantial grounds for believing that as a necessary and foreseeable consequence of his removal, he faced a real risk of suffering significant harm. The Tribunal also considered the validity and relevance of a public interest non-disclosure certificate provided by the Department.

The Tribunal found that the public interest non-disclosure certificate was not valid as it lacked a date and referred to internal working documents without providing reasons for non-disclosure. Furthermore, the information related to identity checks, which were not in dispute. In its substantive assessment, the Tribunal concluded that the applicant did not meet the criteria for a protection visa under section 36(2)(a) or 36(2)(aa) of the Migration Act 1958. The Tribunal affirmed the decision not to grant the applicant a protection visa.