1617260 (Refugee)

The applicant sought a protection visa, but the delegate of the Minister refused to grant it. The applicant appealed this decision to the Tribunal. The dispute concerned whether the applicant met the criteria for a protection visa under Australian law, specifically the criteria relating to well-founded fear of persecution or the risk of significant harm upon removal from Australia.

The Tribunal was required to determine if the applicant was a refugee within the meaning of Article 1A(2) of the Refugees Convention, or if they qualified for complementary protection under section 36(2)(aa) of the Migration Act 1958 (Cth). This involved assessing the applicant's claims regarding their identity, their alleged membership of a royal family in Ghana, and their fear of persecution based on tribal customs and a chieftaincy dispute. The Tribunal also considered evidence presented by the applicant, including a Ghanaian death certificate and police records suggesting foul play in the death of an individual named [Mr A].

The Tribunal considered the applicant's claims in light of the criteria for a protection visa, including the requirements of the Refugees Convention and the complementary protection criterion. The Tribunal noted that the applicant had provided a passport under a different name, raising credibility concerns. While the applicant claimed to be a member of the Ananagya Aduana Royal Family and a "Messenger of the gods" involved in a chieftaincy dispute, the Tribunal found that the applicant had not satisfied the criteria for a protection visa. The Tribunal affirmed the delegate's decision not to grant the visa.