1933486 (Refugee)

This matter concerned an application for review of a delegate of the Minister for Home Affairs' decision to refuse the applicant, a woman from Nigeria, a protection visa. The applicant arrived in Australia in 2014 and applied for a protection visa in 2016. She claimed that due to her HIV diagnosis, she would face rejection from her family, social stigma, discrimination in employment and healthcare, and an inability to subsist if returned to Nigeria.

The court 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) as a refugee, or alternatively, under section 36(2)(aa) for complementary protection. Specifically, the court had to assess whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group, defined as women living with HIV in Nigeria, and whether she could access effective protection in Nigeria or another country.

The Tribunal found that the applicant presented as truthful and credible, and her claims were consistent with available country information. While acknowledging progress in HIV treatment in Nigeria, the Tribunal noted persistent high rates of stigma against people living with HIV, leading to risks of job loss and denial of healthcare. The Tribunal concluded that the applicant's personal circumstances, including her HIV status, potential denial of employment, and lack of family support, created a real chance of suffering serious harm, specifically significant economic hardship threatening her capacity to subsist. The Tribunal was satisfied that the applicant had a well-founded fear of persecution for her membership in the particular social group and that effective state protection was unavailable.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act 1958* (Cth).