2008120 (Refugee)

This matter concerned an appeal by an applicant against a delegate's decision to refuse a protection visa. The applicant, of Igbo ethnicity from Nigeria, claimed he had a well-founded fear of persecution due to his father's alleged involvement with the 'Ogboni' cult and the Biafran movement, and the subsequent threats and harassment he and his family faced. The applicant also sought complementary protection, arguing a real risk of significant harm if returned to Nigeria. The Administrative Appeals Tribunal was required to determine if the applicant met the criteria for a refugee under the Act, or if he was a person to whom Australia owed protection obligations due to a real risk of significant harm.

The Tribunal considered the applicant's claims, including allegations that his father was killed by a Biafran mob or due to cult activities, and that the cult subsequently threatened the applicant with forced recruitment. The applicant provided a police diary extract and a typed statement to support these claims, along with media articles concerning Nigerian military operations. The delegate had not accepted the core of the applicant's claims, finding no credible evidence of the father's cult membership or the cult's pursuit of the applicant, nor that the applicant would be targeted due to his father's alleged political profile. The delegate was also not satisfied that there was a real risk of significant harm upon return to Nigeria.

The Tribunal noted that the 'real risk' test for significant harm is the same standard as the 'real chance' test for well-founded fear. The Tribunal also acknowledged its obligation to consider relevant guidelines and country information. The applicant had indicated his intention to present further evidence at a hearing, including statutory declarations, witness statements, and a medical examination, and had identified four additional witnesses. However, the provided text does not detail the Tribunal's final decision or orders, only the issues to be determined and the applicant's stated intention to present evidence.