1817965 (Refugee)

This matter concerned an application for a protection visa by a national of Sierra Leone. The applicant claimed he faced a real risk of harm due to his membership in the former governing All Peoples Congress (APC) party and his ethnic affiliation. The court was required to determine whether the applicant met the criteria for a protection visa, specifically considering his past political activities and the change of government in Sierra Leone.

The legal issues before the court were whether the applicant had established a well-founded fear of persecution based on political opinion or ethnicity, and alternatively, whether he met the criteria for complementary protection. This involved assessing the credibility of his claims, the nature of the threats he alleged, and the general country information regarding the political and social climate in Sierra Leone, particularly concerning the rival Sierra Leone People's Party (SLPP) and its supporters.

The court considered the applicant's evidence of his involvement with the APC, including his role as a youth leader and party agent during elections, and the alleged threats he received. It also took into account country information indicating that while elections in Sierra Leone were largely free and fair, there were instances of harassment, intimidation, and violence, often along ethno-regional lines. The court found that the applicant did not satisfy the criterion for a protection visa under s 36(2)(a) of the Act. The decision under review was affirmed.