2313453 (Refugee)

This matter concerned an application for a protection visa by two applicants from Nigeria. The first applicant, a Pastor, claimed she and her husband, also a Pastor, ran a church and that Boko Haram attempted to recruit her son, the second applicant. She stated that her opposition to this recruitment led to her being threatened and subsequently assaulted in her home in August 2013, suffering stab wounds and head injuries. The second applicant also claimed to have been attacked and injured during the same incident. The applicants fled Nigeria, receiving further threats, and eventually travelled to Australia. They claimed they would face persecution upon return to Nigeria due to their Christian faith, their advocacy for Western education, their membership in certain organisations, and the second applicant's familial connection to Pastors. The decision under review was made by the Tribunal.

The court was required to determine whether the applicants had established a well-founded fear of persecution for a Convention reason upon their return to Nigeria. Specifically, the court needed to consider if the applicants' claims of being targeted by Boko Haram due to their religious beliefs as Christians, their advocacy for Western education, their membership in particular organisations, and their familial status as the children of Pastors, constituted a real chance of persecution. The court also had to assess the credibility of the applicants' claims regarding past harm and the likelihood of future harm from Boko Haram.

The Tribunal concluded that the matter should be remitted for reconsideration. The reasoning was based on the assessment that the applicants' fear of persecution was well-founded. The Tribunal considered the evidence presented, including affidavits from family members and neighbours, medical reports detailing injuries and psychological distress, and expert reports on the activities of Boko Haram. The Tribunal found that the applicants' claims of being targeted due to their religious beliefs and their opposition to Boko Haram's recruitment efforts were credible. Furthermore, the Tribunal considered the potential for societal discrimination against individuals with mental illness, as evidenced by a counsellor's report on the first applicant's post-traumatic stress, depression, and anxiety, suggesting that such individuals might face a real chance of societal discrimination.

The Tribunal ordered that the decision be remitted for reconsideration.