1822576 (Refugee)

The applicant sought a protection visa, claiming he feared persecution in Ghana due to his sexuality. The dispute concerned whether Australia had protection obligations towards him under the Migration Act 1958 (Cth). The matter was before the Tribunal.

The legal issues before the Tribunal were whether the applicant was a refugee within the meaning of s 36(2)(a) of the Migration Act, or alternatively, whether Australia had protection obligations under the complementary protection criterion in s 36(2)(aa). Specifically, the Tribunal had to determine if the applicant had a well-founded fear of persecution for reasons of his sexuality, and if effective protection measures were available to him in Ghana.

The Tribunal found the applicant to be an honest and credible witness, whose oral evidence was consistent with his written claims and demonstrated personal experience. The Tribunal considered the applicant's background, including his upbringing in a fundamentalist Christian household, societal taboos surrounding homosexuality in Ghana, and specific incidents of harassment and physical assault he experienced due to his sexuality. The Tribunal concluded that the applicant had a well-founded fear of persecution for reasons of his membership in the particular social group of homosexuals in Ghana, and that effective protection measures were not available to him.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies s 36(2)(a) of the Migration Act, meaning Australia has protection obligations towards him as a refugee.