1824045 (Refugee)

The applicant, a citizen of Ghana, sought a protection visa in Australia after refusing to accept the traditional role of Queen Mother in her community. She claimed that her refusal, based on religious objections to certain practices, had led to threats of harm, including poisoning, from her family, who perceived her refusal as bringing shame. The applicant also asserted that she could not relocate within Ghana as her family would find her, and that other ECOWAS countries offered no viable refuge.

The primary legal issue before the Tribunal was 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 facing significant harm as a necessary and foreseeable consequence of removal from Australia. This required the Tribunal to assess the credibility of the applicant's claims and consider the likelihood of her facing persecution or significant harm upon return to Ghana, taking into account relevant country information and guidelines.

The Tribunal affirmed the delegate's decision to refuse the protection visa. It found that the applicant's claims were not sufficiently substantiated to establish a well-founded fear of persecution or a real risk of significant harm. The Tribunal noted inconsistencies in the applicant's account and considered that the passage of time since the alleged events, coupled with the scope of the traditional role and the likelihood of it being filled by another, diminished the credibility of her fears. Furthermore, the Tribunal concluded that the applicant had not demonstrated that she could not access effective protection measures or relocate within Ghana to avoid any potential harm.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.