1618086 (Refugee)

The applicant, who is from Ghana, sought a protection visa on the grounds that he feared harm from his father and others acting on his father's behalf due to his refusal to follow tribal customs and his conversion to Christianity. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa, specifically considering the refugee criterion under section 36(2)(a) of the Migration Act 1958 (Cth) and the complementary protection criterion under section 36(2)(aa).

The Tribunal considered the applicant's evidence regarding his conversion to Christianity and his subsequent disapproval of and refusal to participate in certain tribal rituals. The applicant stated that he had been beaten on several occasions for his non-compliance and that he had befriended a Christian pastor who introduced him to Christianity. The Tribunal also noted that the applicant had not attended an interview with the Department and had access to various Department files concerning his previous temporary visa applications.

Ultimately, the Tribunal found that the applicant did not satisfy the refugee criterion under section 36(2)(a). The decision text does not elaborate on the specific reasons for this finding, nor does it detail the Tribunal's assessment of the complementary protection criterion. However, the Tribunal concluded that the applicant did not meet the criteria for the grant of a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.