2105131 (Refugee)

This matter concerned an application for a protection visa by a Nigerian national. The applicant claimed a well-founded fear of persecution in Nigeria due to his Igbo ethnicity and his association with the Indigenous People of Biafra (IPOB), an outlawed group. The decision under review was made by a Senior Member of the Tribunal.

The primary legal issue before the court was whether the applicant had established that Australia had protection obligations towards him under the Migration Act 1958 (Cth). This required determining if there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Nigeria, the applicant faced a real risk of suffering significant harm, or if he met the definition of a refugee due to a well-founded fear of persecution for reasons of race or political opinion.

The Tribunal considered the applicant's claims in light of country information and relevant legal guidelines. It was noted that the onus rests on the applicant to specify the particulars of his claim and provide sufficient evidence, and the Tribunal is not obliged to make the case for him or accept allegations uncritically. The Tribunal found that the applicant identified as Igbo and had ties to Anambra state. Ultimately, the Tribunal concluded that the applicant met the definition of a refugee and the criteria for Australia having protection obligations under section 36(2)(a) of the Migration Act 1958.

The Tribunal remitted the matter for reconsideration with the direction that the applicant satisfied section 36(2)(a) of the Migration Act 1958.