2003575 (Refugee)

The applicant, a Nigerian national of Yoruba ethnicity and Christian faith, sought a protection visa in Australia. He claimed to fear persecution from Boko Haram following an attack on a church, from his extended family due to debts incurred from selling family land, and from a member of the Oodua People’s Congress (OPC) over money lent for his visa application. The applicant also raised concerns about his mental health, stemming from his Australian citizen partner's serious health issues and hospitalisation.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether he had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, or alternatively, whether there were substantial grounds to believe he would suffer significant harm as a necessary and foreseeable consequence of removal from Australia. This involved assessing the credibility of his claims regarding threats from Boko Haram, his extended family, and the OPC, as well as considering the availability of effective protection in Nigeria and whether any risk he faced was faced by the general population.

The court found that while the applicant was a Yoruba Christian and Boko Haram did target Christians in Abuja, the delegate was not satisfied of the credibility of his claim regarding a specific church attack in 2011. Similarly, the applicant's testimony concerning threats from his extended family was deemed vague, unspontaneous, incoherent, and implausible. Regarding the OPC, the court noted a lack of evidence linking the organisation to money lending violence and found the applicant to be embellishing his claims. Consequently, the court affirmed the decision not to grant the protection visa, finding the applicant did not meet the refugee criterion.

However, the Tribunal recommended that the matter be referred for ministerial intervention under s 417 of the Migration Act 1958. This recommendation was based on compassionate circumstances, specifically the applicant's Australian citizen partner's physical health and his role as the primary carer for their Australian citizen children.