1820624 (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 refusal to accept a traditional chieftaincy role, which conflicted with his religious beliefs as a pastor. He alleged that this refusal led to threats against him and his family, and the burning of his church. The decision under review affirmed the refusal of the protection visa.

The primary legal issue before the court was whether the applicant was a person in respect of whom Australia had protection obligations. This required determining if the applicant met the criteria for being a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, if he faced a real risk of significant harm upon removal to Ghana under the complementary protection criterion in section 36(2)(aa).

The Tribunal found that the applicant was not a credible witness, noting significant discrepancies between his protection visa application, his interview with the Department, and the evidence provided to the Tribunal. Specifically, the Tribunal raised concerns about inconsistencies in the applicant's account of his church being burned down. Due to these credibility issues and the identified discrepancies, the Tribunal concluded that the applicant had not established a well-founded fear of persecution or a real risk of significant harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa, finding that he did not satisfy the criteria under section 36(2) of the Migration Act 1958.