MZYXS v MIAC

This case involved an application by MZYXS, a Nigerian citizen, for judicial review of a decision of the Refugee Review Tribunal (RRT) that dismissed his application for a protection visa. The Applicant claimed that he was a refugee due to his membership of a Christian family, his potential prosecution under Decree 33 of the Nigerian Law, and persecution by Muslims in Nigeria due to his Christian beliefs. The RRT found that while the Applicant would face a real chance of serious harm in Nigeria due to his religion, it was reasonable for him to relocate within Nigeria where there would not be a real risk of significant harm. The Federal Magistrates Court of Australia dismissed the Applicant's appeal.

The court examined four grounds of appeal: first, that the RRT applied the wrong standard of proof; second, that the RRT asked the wrong question regarding the enforcement of Decree 33; third, that the RRT failed to consider the most recent information about Decree 33; and fourth, that the RRT failed to apply the correct test under s36(2B)(a) of the Act. The court found no merit in any of the grounds, and dismissed the appeal. The court also made an order for the Applicant to pay the First Respondent's costs in the sum of $6,471.