1934769 (Refugee)

The applicant, a Nigerian national, sought review of a decision by the Minister for Immigration and Border Protection to refuse to grant a protection visa. The applicant claimed to fear persecution in Nigeria due to being a victim of rape by her politically well-connected father, and due to her conversion to Christianity and an interfaith marriage, which she alleged would expose her to persecution from Muslims.

The Federal Circuit Court was required to determine whether the applicant had established a well-founded fear of persecution for a Convention reason, specifically whether she belonged to a particular social group comprising females in Nigeria who have been victims of rape, or whether her fear of persecution based on her religious conversion and interfaith marriage met the criteria for a protection visa.

The Court considered the evidence presented regarding the applicant's experiences and the general situation in Nigeria concerning gender-based violence and religious persecution. It applied the principles established in refugee law concerning the assessment of claims for protection, including the definition of a "well-founded fear" and the requirement for persecution to be linked to one of the five Convention reasons. The Court found that the original decision-maker had failed to adequately consider certain aspects of the applicant's claims, particularly in relation to the particular social group and the potential for persecution arising from her religious conversion and interfaith marriage.

Consequently, the Court set aside the original decision and remitted the application for a protection visa to the Minister for redetermination according to law.