1935674 (Refugee)

The case involved an application for protection visas by a mother and her child, both Nigerian citizens. The applicants claimed they would face harm, including honour killing and kidnapping, from close relatives and a former violent cult member ex-boyfriend if returned to Nigeria. The mother also cited concerns related to her global intellectual impairment and potential forced inheritance of a traditional religious/social position, as well as female genital mutilation. The Tribunal was required to determine whether the applicants met the criteria for the grant of protection visas under the Migration Act 1958 (Cth).

The central legal issues were whether the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or whether they faced a real risk of significant harm as a necessary and foreseeable consequence of removal to Nigeria. This involved assessing the credibility of the applicant's claims, the availability of effective protection measures in Nigeria, and whether the feared harm constituted persecution or significant harm as defined by the Act. The Tribunal also considered the applicant's responsibility to provide sufficient particulars and evidence to substantiate her claims, and the relevance of country information regarding social stigma and discrimination.

The Tribunal affirmed the decision not to grant the protection visas. It found that while the applicant's identity was accepted, the evidence did not establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal noted that country information suggested social stigma and discrimination in Nigeria but not to the level of persecution or harm. It was considered unlikely that the applicant would be forced to accept the hereditary position, and her parents' support was also a factor. The Tribunal concluded that the applicants did not satisfy the criteria for a protection visa under section 36(2) of the Migration Act 1958 (Cth).