1819296 (Refugee)

The applicant sought review of a decision not to grant him a protection visa. The applicant claimed he feared religious persecution in Ghana, stating his father had been forced to become the Chief of Bodwesango town and that he, as the next in succession, would be expected to abandon his Christian faith and adopt traditional religious practices, leading to a real risk of harm.

The court was required to determine whether the applicant met the criteria for a protection visa, specifically whether Australia had protection obligations towards him. This involved assessing the applicant's claims of religious persecution and the credibility of his evidence, including the existence of Bodwesango town and the circumstances surrounding his father's succession to chieftaincy. The court also considered whether the applicant faced a real risk of significant harm if returned to Ghana, and whether any such risk was a necessary and foreseeable consequence of his removal.

The court found the applicant to be not a credible witness due to significant discrepancies between his protection visa application, his interview with the delegate, and his evidence presented to the Tribunal. These inconsistencies related to the circumstances of his father becoming chief and the existence of Bodwesango town. The court noted that the applicant's migration agent assisted in completing his application form, and while the applicant confirmed the information was true at the time, his subsequent evidence and the details provided raised concerns. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.

The Tribunal affirmed the decision not to grant the applicant a protection visa.