1818739 (Refugee)

The applicant, a Nigerian citizen, sought review of a delegate's decision to refuse him a protection visa. The applicant claimed membership in the Indigenous People of Biafra (IPOB), a group he described as a non-violent pressure group, and asserted a fear of persecution by Nigerian police and military due to this membership. His claims included house raids, an attempt on his life, and the killing of IPOB members during protests. The applicant's wife and children remained in Nigeria. The Federal Circuit Court of Australia was required to determine whether the applicant met the criteria for a protection visa, specifically whether he was a refugee within the meaning of the *Migration Act 1958* (Cth) due to a well-founded fear of persecution.

The court considered the applicant's claims in light of country information regarding the situation in Nigeria and the IPOB. The applicant provided evidence of his active membership in IPOB, including participation in protests that were met with violence from authorities, and stated his house had been raided in his absence. He expressed a fear of arrest, torture, and extra-judicial killing if returned to Nigeria, noting a shift in government attitude towards IPOB, which had been proscribed as a terrorist organisation. The court examined evidence indicating that the Nigerian military and police had engaged in operations against IPOB, resulting in casualties and raids, and that state protection might not be available.

The court found that the applicant had established a well-founded fear of persecution for reasons of political opinion, stemming from his membership in IPOB. It was satisfied that there was a real chance of persecution if the applicant returned to Nigeria, and that this risk was not confined to a general risk faced by the population but was personal to him due to his membership and activities. The court concluded that state protection was unlikely to be available or effective. Consequently, the court was satisfied that Australia had protection obligations towards the applicant under section 36(2)(a) of the *Migration Act*. The matter was remitted for reconsideration with a direction that the applicant satisfies the refugee criterion.