1820819 (Refugee)

This matter concerned an application for a Protection visa by a male applicant from Ghana. The applicant claimed he feared for his life if returned to Ghana due to a land dispute with his father's family, who allegedly sought to claim his inheritance, had previously threatened him, and had killed a worker on the land. The applicant also alleged physical abuse and death threats. The decision under review was made by the Refugee Tribunal.

The primary 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, meaning he was a refugee with a well-founded fear of persecution, or alternatively, under section 36(2)(aa), whether there were substantial grounds for believing that as a necessary and foreseeable consequence of his removal to Ghana, he faced a real risk of suffering significant harm. The Tribunal was required to consider the applicant's claims in light of the 'Refugee Law Guidelines', 'Complementary Protection Guidelines', and country information assessments.

The Tribunal affirmed the decision not to grant the applicant a protection visa. It found that the applicant did not satisfy the criterion under section 36(2)(a) as a refugee, nor did he satisfy the alternative criterion under section 36(2)(aa) for complementary protection. The Tribunal concluded that the applicant had not established a real chance of suffering serious harm due to persecution, nor a real risk of significant harm as a necessary and foreseeable consequence of removal to Ghana. The Tribunal also noted that the applicant did not satisfy the criterion under section 36(2)(b) or (c) as a member of the same family unit as a person who held a protection visa.