2102052 (Refugee)

The Administrative Appeals Tribunal considered the protection visa applications of a family from Nigeria. The applicants claimed they feared persecution due to general lawlessness and violence in Nigeria, including frequent school closures, teachers being shot in class, indiscriminate invasions and attacks, and the risk of displacement and loss of life. They asserted that emotional harm had been experienced, lives destroyed, and that no part of Nigeria was safe.

The primary legal issues before the Tribunal were the credibility of the applicants' claims and whether, on the accepted claims, the criteria for a protection visa were fulfilled. Specifically, the Tribunal had to determine if the applicants had a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and if there was a real chance of persecution in all areas of Nigeria. The Tribunal also considered whether effective protection measures were available to the applicants in Nigeria, or if it would be reasonable for them to relocate to an area within Nigeria where they would not face a real risk of significant harm.

The Tribunal found significant adverse credibility issues with the applicants' claims. It was not satisfied that the risk of harm related to all areas of Nigeria. Applying the principles of Ministerial Direction No. 84 and considering the DFAT Country Information Report – Nigeria, the Tribunal concluded that it would be reasonable to expect the applicants to relocate to an area of Nigeria where they would not be at a real risk of significant harm. Consequently, the Tribunal was not satisfied that Australia had protection obligations towards the applicants.

The Tribunal affirmed the delegate's decision not to grant the applicants protection visas, finding that they did not satisfy the criteria set out in s 36(2)(a) or (aa) of the Migration Act 1958.