1822577 (Refugee)

The applicant, a citizen of Ghana, sought a protection visa, claiming he feared persecution due to his Christian religion and his refusal to become a fetish animist priest, a role designated for him by his family. The delegate of the Minister refused the visa, and the applicant sought review of this decision. The Tribunal considered whether the applicant had a well-founded fear of persecution or a real risk of significant harm if returned to Ghana.

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* (Cth) as a refugee, or alternatively, under section 36(2)(aa) as a person in respect of whom Australia had protection obligations due to a real risk of significant harm as a necessary and foreseeable consequence of removal. This involved assessing whether the applicant had a well-founded fear of persecution for reasons of religion or membership of a particular social group, or whether he faced significant harm, considering the availability of state protection and the possibility of reasonable relocation within Ghana.

The Tribunal affirmed the delegate's decision, concluding that the applicant did not satisfy the criteria for a protection visa. While acknowledging the applicant's claims regarding his family's expectations and his religious beliefs, the Tribunal found that the evidence did not establish a real chance of persecution or significant harm. The Tribunal considered the relevant country information and guidelines, but ultimately determined that the applicant's fear was not well-founded to the extent required by the Act. The Tribunal specifically noted that the applicant did not satisfy the criterion under section 36(2)(aa) concerning significant harm.