1907335 (Refugee)

The applicant sought review of the Administrative Appeals Tribunal's decision to affirm the delegate's refusal of his protection visa application. The applicant's claims for protection were based on his fear of persecution in Nigeria due to his refusal to join the Black Axe cult, which he stated was contrary to his Christian beliefs. He also cited the threat posed by Boko Haram insurgents and alleged that Nigerian authorities were unable to protect him.

The Tribunal was required to determine whether the applicant met the criteria for a protection visa under section 36(2)(a) of the *Migration Act 1958* (Cth) (the refugee criterion) or section 36(2)(aa) (the complementary protection criterion). Additionally, the Tribunal considered whether the applicant's circumstances presented unique or exceptional circumstances warranting referral for ministerial intervention under sections 351, 417, or 501J of the Act.

In its reasoning, the Tribunal considered extensive country information regarding the security situation in Nigeria, including the activities of Boko Haram and various confraternities, such as the Black Axe. While acknowledging the applicant's fear of harm from the Black Axe cult and the general instability in Nigeria, the Tribunal found that the evidence did not satisfy the threshold for a well-founded fear of persecution under the refugee criterion or a real risk of significant harm under the complementary protection criterion. Specifically, the Tribunal noted that while members of the Black Axe group might face violence from rival groups or consequences for attempting to leave, there was no evidence that individuals were killed for leaving the group, and that relocation within Nigeria might be a reasonable step. However, the Tribunal did find that the applicant's submission regarding his Australian citizen child and partner presented unique or exceptional circumstances that warranted referral to the Minister for consideration under section 417 of the *Migration Act 1958* (Cth).

Ultimately, the Tribunal affirmed the decision not to grant the applicant a protection visa, as he did not meet the statutory criteria. Nevertheless, the Tribunal referred the case to the Department for the Minister's attention due to the exceptional circumstances identified concerning the applicant's family.