1717702 (Refugee)

This matter concerned an application for a protection visa by a woman from Ghana. The applicant claimed she had been subjected to repeated sexual assaults in her local community, resulting in the birth of two children. She feared further harm from sexual assault and stigmatisation as a single mother upon return to Ghana. The applicant also sought complementary protection, citing her marriage to an Australian permanent resident, her Australian citizen child, and a second child she was carrying. The Administrative Appeals Tribunal was required to determine whether the applicant met the criteria for a protection visa, including whether she faced a real risk of significant harm if returned to Ghana, and whether she qualified for complementary protection.

The Tribunal considered the applicant's claims of sexual assault and her membership in the particular social group of "women in Ghana with no male protection." It also had to assess whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal from Australia, she would suffer significant harm. This involved evaluating country information regarding Ghana, the prevalence of sexual assault, and the availability of state protection. Furthermore, the Tribunal was mandated to consider the best interests of the applicant's children in its assessment.

The Tribunal acknowledged the applicant's evidence of sexual assaults and accepted that she was a member of the particular social group identified. However, despite evidence of the prevalence of sexual assault against women in Ghana, the Tribunal was not satisfied that the applicant faced a real chance of serious harm. The Tribunal's decision was affirmed, and the matter was referred for ministerial consideration.