2214946 (Refugee)

The Administrative Appeals Tribunal (AAT) reviewed a decision concerning protection visas for two applicants from Nigeria. The dispute centred on whether the applicants met the criteria for a protection visa, specifically concerning claims of persecution related to a traditional cult and religious beliefs.

The Tribunal was required to determine if the applicants were refugees within the meaning of the Migration Act 1958, considering their claims of persecution by the Ahianjoku cult due to the first applicant's lineage and her refusal to participate in its rituals, as well as her Christian faith. The Tribunal also had to assess whether, in the alternative, the applicants faced a real risk of significant harm if returned to Nigeria, as contemplated by the complementary protection provisions of the Act.

The Tribunal considered the applicants' identities to be established, accepting their Nigerian nationality. It then examined the detailed claims of the first applicant, who alleged she was dedicated to the Ahianjoku deity as an "Ada" (first daughter of a Nmaji lineage) and was expected to assume her mother's role as a custodian of the deity. Her claims included witnessing horrific rituals, facing threats and physical assaults for refusing to participate, and her family being targeted, including an attempted abduction of her daughter and threats of blood sacrifice involving her husband and children. The second applicant corroborated these claims, detailing his family's opposition to their marriage due to the first applicant's dedication to the cult, and the ongoing persecution they faced, including a staged kidnapping to escape the cult's pursuit. The Tribunal applied the principles of Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines. Despite the detailed evidence presented by the applicants regarding the persecution they claimed to have suffered and feared, the Tribunal found that they did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicants protection visas.