1818991 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Ghana. The applicant claimed to fear persecution in Ghana as a homosexual male, asserting that he could not obtain protection from Ghanaian authorities and that there was no safe location within the country. He provided a statement detailing his realisation of his sexual orientation in Ghana, his consensual sexual relationship with a boyfriend, the subsequent discovery of their relationship by the boyfriend's parents, and the boyfriend's subsequent suicide. The applicant also described facing pressure from his own family to marry and experiencing hostility from his community, including threats to his landlord, which led to him being evicted.

The legal issues before the Tribunal were whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the Migration Act 1958, by having a well-founded fear of persecution for reasons of membership of a particular social group (homosexual men), or alternatively, under section 36(2)(aa), whether there were substantial grounds for believing that as a necessary and foreseeable consequence of removal to Ghana, he faced a real risk of suffering significant harm. The Tribunal was required to consider the applicant's claims and evidence in light of relevant country information and the provisions of the Migration Act concerning refugee status and complementary protection.

The Tribunal found that the applicant's claims were consistent and plausible, despite his reticent presentation. It noted that discriminatory and prejudicial societal and institutional attitudes towards LGBTI persons are prevalent across the Economic Community of West African States (ECOWAS) region, including Ghana. The Tribunal concluded that the applicant satisfied section 36(2)(a) of the Migration Act.

Consequently, the Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the Migration Act.