1600149 (Refugee)

This matter concerned an application for a protection visa by a citizen of Cote d’Ivoire who claimed to have supported Laurent Gbagbo during the 2010 presidential campaign. The applicant alleged that as a result of his political activities, he faced threats, attacks, and imprisonment, from which he eventually escaped to Ghana. He further claimed that upon return to Cote d’Ivoire, he would face serious harm from supporters of Alassane Ouattara. The Administrative Appeals Tribunal (AAT) affirmed the decision not to grant the applicant a protection visa.

The primary legal issue before the court was whether the applicant met the criteria for a protection visa under section 36(2)(a) of the Migration Act 1958, which requires a well-founded fear of persecution for reasons of political opinion, or alternatively, the complementary protection criterion under section 36(2)(aa), which requires a real risk of significant harm as a necessary and foreseeable consequence of removal to a receiving country. The court also considered the meaning of "significant harm" and the circumstances under which a person would not be taken to face a real risk of such harm, as outlined in sections 36(2A) and (2B) of the Act.

The court's reasoning focused on the applicant's credibility, noting inconsistencies in his oral evidence provided to the Tribunal and the use of a fake passport and identity. While acknowledging the applicant's claims of political support and subsequent persecution, the Tribunal found that these claims were not sufficiently substantiated to establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal's decision was based on an assessment of the evidence presented, including the applicant's conflicting statements and the lack of credible evidence to support his claims of ongoing persecution or a real risk of harm upon return to Cote d’Ivoire.

The Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958.