1622223 (Refugee)

The applicant, a divorced woman from Ghana, sought review of a decision to refuse her protection visa. The core of the dispute concerned the applicant's credibility and whether, based on her accepted claims, she met the criteria for protection under Australian law. The matter was heard by a member of the Tribunal.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of section 5H of the *Migration Act 1958* (Cth) due to a well-founded fear of persecution, or whether she met the complementary protection criterion under section 36(2)(aa) of the Act, meaning there was a real risk of significant harm upon removal to Ghana. The Tribunal was required to assess the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information provided by the Department of Foreign Affairs and Trade.

The Tribunal concluded that the decision under review should be affirmed. It found that the applicant did not satisfy the criteria for a protection visa. The Tribunal's reasoning focused on the applicant's credibility and the assessment of her claims against the relevant legislative provisions and guidelines. The applicant's history, including her marriage and divorce in Australia and her claims of threats from her former husband in Ghana, were considered. However, the Tribunal ultimately determined that the applicant did not meet the requirements for protection.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that she did not satisfy any of the criteria set out in section 36(2) of the *Migration Act 1958*.