1816588 (Refugee)

This matter concerned an application for a protection visa by an individual from Sierra Leone. The applicant claimed to fear persecution due to his political opinion as a member of the All People’s Congress (APC) party, which campaigned against the then-ruling Sierra Leone People’s Party (SLPP). The applicant alleged he had been threatened and attacked on multiple occasions, and that a cousin had been killed due to his political affiliation. The Administrative Appeals Tribunal (AAT) was required to determine whether the applicant had a well-founded fear of persecution for reasons of his political opinion or ethnicity, or if there was a real risk of significant harm if he were returned to Sierra Leone.

The Tribunal considered the applicant's evidence regarding his involvement with the APC, including his claims of participating in the 2018 election campaign and experiencing threats and violence. It also examined country information regarding the political situation in Sierra Leone, including the rivalry between the APC and SLPP, and the general level of political violence. The Tribunal applied the principles of refugee law, specifically the definition of a "well-founded fear of persecution" under the Migration Act 1958, which requires both a subjective fear and an objective real chance of persecution for reasons of political opinion, race, religion, nationality, or membership of a particular social group. The Tribunal also considered the complementary protection criterion, which requires a real risk of significant harm.

In its reasoning, the Tribunal found that while the applicant was a member of the APC and participated in the 2018 campaign, it was not satisfied that he was harmed as claimed. The Tribunal noted inconsistencies and a lack of corroborating evidence regarding the alleged attacks and the death of his cousin. It also found the provided news article to be of questionable authenticity, particularly in light of evidence of widespread document fraud in Sierra Leone. The Tribunal concluded, based on country reports, that while political tensions existed, the level of violence was generally low and not systematically directed at ordinary APC supporters. Therefore, the Tribunal was not satisfied that there was a real chance of serious harm or a real risk of significant harm if the applicant were returned to Sierra Leone.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not meet the criteria for either refugee status or complementary protection.