1818767 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Ghana. The applicant claimed he feared persecution in Ghana due to his homosexuality, alleging he had faced threats, violence, and discrimination from his family and community. He also asserted that Ghanaian law offered no protection to LGBT individuals. The decision under review affirmed the refusal of his visa application.

The court was required to determine whether the applicant met the criteria for a Protection visa, specifically whether he had established a well-founded fear of persecution for a Convention reason, or alternatively, whether he would face significant harm as a necessary and foreseeable consequence of removal from Australia. This involved assessing the credibility of the applicant's claims and considering relevant country information regarding the treatment of homosexual individuals in Ghana.

The Tribunal considered the applicant's evidence in light of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information. While acknowledging the applicant's stated fear and the general societal attitudes towards homosexuality in Ghana, the Tribunal found inconsistencies and a lack of credibility in his account. The Tribunal noted the applicant's long service in the Ghanaian Air Force, his marriage and children, and the delay in disclosing his homosexuality and relationship with Mr A. Ultimately, the Tribunal concluded that the applicant had not established a real risk of significant harm or a well-founded fear of persecution upon return to Ghana.

The court affirmed the decision of the Tribunal, finding no error of law. The application for judicial review was dismissed.