1620600 (Refugee)

The applicant, a Christian of Ewe ethnicity from Ghana, sought a protection visa. He claimed that he feared persecution if returned to Ghana due to his refusal to accept a chieftaincy role in the Volta region. This refusal, he asserted, would lead to threats, physical and emotional abuse, ostracism, torture, detention, and potentially death, as it would be considered blasphemous. He also alleged that he had been subjected to mobbing, threats, and physical assault by individuals associated with the king-makers, and that security forces had brutalised and tortured him during his detention. The delegate refused the protection visa, and the applicant sought review of this decision by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant had a well-founded fear of persecution for a Convention reason, specifically a particular social group, or for reasons of religion, such that he would be owed protection under the Migration Act 1958 (Cth). This involved assessing the credibility of the applicant's claims regarding the threats and violence he faced, the nature of the chieftaincy obligations, and the availability and effectiveness of state protection in Ghana. The Tribunal was required to consider whether the applicant's fear of being forced into chieftaincy and the associated consequences constituted persecution, and if so, whether it was for a Convention reason.

The Tribunal considered the applicant's evidence, including his interview with the Department, oral evidence at a hearing, and independent country information. The Tribunal noted the applicant's stated fear of performing certain duties associated with chieftaincy, which he believed were inconsistent with his Christian values, and the threats he received from king-makers. It also considered his accounts of being kidnapped, detained, and assaulted, and the alleged failure of the police to provide effective protection. The Tribunal was required to determine if the applicant's fear was objectively reasonable, taking into account the general country situation and the specific circumstances of his case. The Tribunal ultimately affirmed the decision under review.