1929870 (Refugee)

The applicant, a Nigerian national, sought review of a decision by the Refugee Tribunal concerning her application for a protection visa. The applicant's claims for protection were based on an alleged fear of persecution in Nigeria due to her religion and, subsequently, her political profile. The Tribunal was required to determine whether the applicant had a well-founded fear of persecution or a real risk of significant harm if returned to Nigeria, and consequently, whether Australia owed her protection obligations under the Migration Act 1958 (Cth).

The Tribunal considered the applicant's oral evidence, country information, and her extensive migration history in Australia. It noted that the onus was on the applicant to establish her claims with sufficient evidence. The applicant's initial claim focused on religious persecution, but she later introduced a claim related to her political profile. The Tribunal found that the applicant had not provided sufficient evidence to substantiate her claims of a well-founded fear of harm, nor had she demonstrated a real risk of significant harm upon return to Nigeria.

Applying the principles of refugee law and complementary protection, the Tribunal assessed the applicant's individual circumstances against the available country information. It concluded that there were no substantial grounds to believe that the applicant would be exposed to a real risk of suffering significant harm as a necessary and foreseeable consequence of her removal from Australia. Consequently, the Tribunal was not satisfied that the applicant met the criteria for protection obligations under section 36(2)(a) or section 36(2)(aa) of the Migration Act 1958 (Cth). Despite this finding, the Tribunal noted the applicant's commendable willingness to seek meaningful employment in rural and remote areas of Australia and her positive references, and referred her case for ministerial consideration under section 417 of the Act.