1824050 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant seeking a protection visa. The applicant, a Christian of Igbo ethnicity from Anambra State, Nigeria, claimed to have fled his country due to persecution by Muslims, including the bombing of his church and personal injury. He asserted that his life was unsafe due to general lawlessness and a perceived agenda by the government to convert Christians to Islam. The applicant stated he did not seek help within Nigeria or attempt to relocate, believing such actions would be ineffective and dangerous.

The primary legal issues before the Tribunal were the credibility of the applicant's claims and whether, on the accepted claims, the criteria for a protection visa were met. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of race or religion, or whether he faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Nigeria, pursuant to sections 36(2)(a) and 36(2)(aa) of the Migration Act 1958. The Tribunal was required to consider relevant country information and guidelines, including those pertaining to refugee law and complementary protection.

The Tribunal found that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's claims of harm, the Tribunal's reasoning focused on the applicant's credibility and the availability of protection measures. The decision notes that the applicant did not satisfy section 36(2)(a) and, by implication, did not establish a real risk of significant harm under section 36(2)(aa) that would warrant the grant of a visa. The Tribunal ultimately affirmed the decision not to grant the applicant a protection visa.