1818768 (Refugee)

The applicant, a citizen of Ghana, sought a Protection visa based on claims of persecution due to his homosexuality. The dispute concerned whether the applicant met the criteria for a Protection visa, specifically whether he had a well-founded fear of persecution or faced a real risk of significant harm if returned to Ghana. The matter was before the Tribunal for review.

The Tribunal was required to determine the applicant's credibility, considering inconsistencies in his evidence and the delay in his application for protection. It also had to assess whether, in light of country information and relevant guidelines, the applicant faced a real risk of harm amounting to persecution or significant harm as defined by the Act, particularly in relation to his membership of the social group "LGBT" in Ghana.

The Tribunal considered the applicant's claims regarding his homosexual identity, his secret relationship, his marriage, and the subsequent discovery of his relationship by his family and community. It noted the applicant's assertions of fear of prosecution, mob violence, harassment, and threats from his family, as well as the alleged lack of protection from Ghanaian authorities. The Tribunal applied Ministerial Direction No. 84, the Refugee Law Guidelines, and Complementary Protection Guidelines, and country information from the Department of Foreign Affairs and Trade. Ultimately, the Tribunal found that the applicant's claims were not accepted, and the decision under review was affirmed.