1823846 (Refugee)

This matter concerned an application for a protection visa by a national of Sierra Leone. The applicant claimed to fear persecution by members of the "Poro Secret Society" due to his activism against their practices, including alleged attacks, intimidation, and destruction of his property. He also claimed to have been unable to obtain assistance from local authorities due to their connections with the society. The decision under review affirmed the refusal of the protection visa.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa under section 36 of the Migration Act 1958. Specifically, the Tribunal was required to determine if the applicant was a refugee within the meaning of section 5H, having a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, as defined in section 5J. Alternatively, the Tribunal considered whether the applicant met the complementary protection criterion under section 36(2)(aa), facing a real risk of significant harm as a necessary and foreseeable consequence of removal to Sierra Leone.

The Tribunal affirmed the decision to refuse the protection visa. It found that the applicant had not established a well-founded fear of persecution. While acknowledging the applicant's claims of activism and alleged harm, the Tribunal noted the absence of documentary evidence to support these claims and raised credibility concerns. The Tribunal applied the principles outlined in sections 5H and 5J of the Migration Act, assessing whether the fear of persecution was well-founded, involved serious harm, and was systematic and discriminatory. The Tribunal also considered whether effective protection measures were available in Sierra Leone or if reasonable steps could be taken to avoid persecution, as per sections 5LA and 5J(3). Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa, nor did he establish a claim for complementary protection.