1823009 (Refugee)

The applicant, a Nigerian national, sought a protection visa. The dispute centred on whether the applicant had established a well-founded fear of persecution or a real risk of significant harm if returned to Nigeria, specifically in relation to claims of being targeted by Boko Haram and its associates due to his refusal to facilitate the passage of ammunition through customs. The Administrative Appeals Tribunal (AAT) affirmed the delegate's decision to refuse the visa.

The 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) as a refugee, or under section 36(2)(aa) as a person facing a real risk of significant harm under complementary protection principles. This required an assessment of the applicant's credibility and the veracity of his claims concerning threats from individuals linked to Boko Haram, the murder of his family, and the inability of Nigerian authorities to provide protection.

The Tribunal considered the applicant's statement and the available country information. It found that the applicant's claims were not credible, noting inconsistencies and a lack of corroborating evidence. The Tribunal applied the principles outlined in sections 5J and 36(2A) of the *Migration Act*, which define a well-founded fear of persecution and significant harm, respectively. Crucially, the Tribunal concluded that the applicant had not established that he would be persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, nor that he faced a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal also considered the possibility of relocation within Nigeria, as contemplated by section 36(2B).

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under either the refugee or complementary protection provisions of the Act.