1822732 (Refugee)

The applicant, who sought a protection visa, claimed to fear persecution in Ghana due to his homosexual relationship and subsequent physical assault. He alleged that homosexual acts are illegal in Ghana, leading to fear of arrest, harm, and a lack of state protection. The applicant also claimed that his business was lost and his father died as a result of his sexuality being discovered. The Administrative Appeals Tribunal (AAT) reviewed the delegate's decision to refuse the visa.

The primary legal issue before the Tribunal was whether the applicant met the criteria for a protection visa, specifically whether he was a refugee or faced a real risk of significant harm if returned to Ghana. This required the Tribunal to assess the credibility of the applicant's claims regarding his sexuality, the events in Ghana, and the availability of state protection. The Tribunal also considered the definition of "significant harm" and the circumstances under which a person might be expected to relocate within Ghana or rely on state protection.

The Tribunal found concerns regarding the credibility of the applicant's evidence, particularly noting discrepancies in the names provided for his same-sex partner across different statements and interviews. The applicant's explanation for these inconsistencies, that he did not keep such details in his head due to his lifestyle, did not satisfy the Tribunal. Consequently, the Tribunal concluded that it had doubts about the veracity of key aspects of the applicant's claims, including his sexuality and the alleged events.

Based on these credibility concerns, 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.