1930909 (Refugee)

The applicant sought a protection visa, claiming a well-founded fear of persecution in Nigeria. The dispute concerned whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958 (Cth), which requires Australia to have protection obligations under the Refugees Convention. The matter was before the Tribunal for review.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, specifically Igbo females, and whether this fear related to serious harm that was systematic and discriminatory, and whether state protection was available or effective. The Tribunal also considered claims of fear of killing, female genital mutilation, kidnapping, and the possibility of internal relocation.

The Tribunal considered extensive evidence, including statutory declarations from the applicant's parents detailing their concerns. These declarations highlighted the risk of female genital mutilation and forced marriage, lack of basic needs, exposure to sexual abuse, and the risk of kidnapping and ritual killings in Nigeria. The parents also explained their lack of viable internal relocation options due to familial rejection and their outcast status. The Tribunal noted that female genital mutilation is a widely practised tradition in Igbo-land and that Nigerian authorities are perceived as unwilling to intervene in such matters, viewing them as private family or community issues. The Tribunal was satisfied that the applicant was a person in respect of whom Australia had protection obligations under the Refugees Convention.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.