1619418 (Refugee)

The applicant, a national of Ghana, sought protection in Australia, claiming he feared harm if returned due to his refusal to participate in pagan rituals associated with becoming a village chief. He asserted that his Christian faith precluded him from such practices, and that his relatives intended for him to assume the chieftaincy. The decision under review affirmed the refusal of his protection visa application.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for a Convention reason, specifically his religion, should he be returned to Ghana. This required the Tribunal to assess the credibility of his claims regarding the pressure to become chief, the nature of the associated rituals, the likelihood of him being targeted, and the availability of protection within Ghana. The Tribunal also considered the applicant's voluntary travel to Ghana to renew his passport and the delay in seeking protection.

The Tribunal considered evidence from the applicant, including his account of his family's history, his religious beliefs, and alleged attempts by relatives to force his enstoolment. It also reviewed independent country information concerning chieftaincy practices in Ghana. The Tribunal found that while chieftaincy was hereditary and involved certain rituals, the evidence did not establish that the applicant would face a real chance of serious harm or death due to his refusal to participate in pagan practices. The Tribunal noted that the applicant had voluntarily travelled to Ghana and had not demonstrated a consistent pattern of avoiding his village or seeking protection from authorities. Furthermore, the Tribunal considered that another relative was reportedly being considered for the chieftaincy, which lessened the immediate pressure on the applicant.

The Tribunal affirmed the decision to refuse the protection visa, finding that the applicant had not established a well-founded fear of persecution.