2402588 (Refugee)

This matter concerned an application for review of a delegate's decision to refuse a protection visa. The applicant, a Nigerian national of Igbo ethnicity, had previously held a Partner visa which was cancelled under s 501F(3) of the *Migration Act 1958* (Cth) on character grounds, a decision that was affirmed by the Administrative Appeals Tribunal and subsequently by the Federal Court. The applicant sought protection on three grounds: fear of retribution from associates of a co-offender in a drug importation conviction for which he served a sentence in Australia; fear of double jeopardy upon return to Nigeria; and fear of harm due to his membership of the Indigenous People of Biafra (IPOB).

The Tribunal was required to determine whether the applicant met the criteria for the grant of a protection visa, specifically whether he had a well-founded fear of persecution for a Convention reason or faced a real risk of significant harm if returned to Nigeria. This involved assessing the credibility of the applicant's claims regarding the threats from the drug syndicate, the likelihood of facing double jeopardy, and the risks associated with his alleged membership of IPOB. The Tribunal also considered the complementary protection criterion under s 36(2)(aa) of the Act.

The Tribunal found that the applicant had not satisfied the statutory elements necessary to establish his claims. It noted that the mere assertion of fear does not establish its genuineness or that it is well-founded, and that the applicant bears the responsibility of providing sufficient detail to substantiate his case. The Tribunal applied principles of credibility assessment, acknowledging the need for a reasonable approach while not being obliged to accept all allegations uncritically. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of a protection visa.

The Tribunal affirmed the delegate's decision to refuse the protection visa.