2006121 (Refugee)

The applicant, a Nigerian national, sought a protection visa, claiming a well-founded fear of persecution if returned to Nigeria. The dispute centred on whether the applicant met the criteria for a protection visa, specifically the "refugee" criterion under section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, complementary protection under section 36(2)(aa). The case was heard by Member Kate Chapple of the Tribunal.

The legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of religion, and if so, whether there was a real chance of persecution in all areas of Nigeria. The Tribunal also considered whether effective protection measures were available to the applicant in Nigeria, and if not, whether he would face significant harm as a necessary and foreseeable consequence of removal from Australia. The applicant's claims of persecution were based on his identity as a practising Christian and preacher, and his fear of harm from Muslim non-state actors, particularly Fulani herdsmen, which he believed would lead to significant economic hardship.

The Tribunal's reasoning acknowledged the applicant's evidence of being a practising Christian and preacher, and his fear of targeting and harm by Muslim non-state actors, which it found had a real chance of being realised nationwide due to the evolving expansion of Islamic violence. However, the Tribunal also noted the applicant's awareness of and failure to pursue the option of relocating to Ghana under the ECOWAS Free Movement Protocol, which it considered a potential protection measure. Despite finding that the Nigerian authorities were unlikely to provide adequate protection, the Tribunal concluded that the applicant did not meet the refugee criterion. The Tribunal referred the case to the Minister for consideration under section 417 of the *Migration Act 1958* (Cth) due to unique or exceptional circumstances, but affirmed the decision not to grant the protection visa.