1824416 (Refugee)

The Administrative Appeals Tribunal considered the case of an applicant from Sierra Leone seeking a protection visa. The applicant claimed to be a homosexual man who had experienced persecution and violence in his home country due to his sexual orientation. He asserted that he could not safely return to Sierra Leone, nor could he find safety in neighbouring countries, and that Australian authorities had protection obligations towards him.

The primary legal issues before the Tribunal were whether the applicant had a well-founded fear of persecution for reasons of membership of a particular social group (homosexual men) under section 36(2)(a) of the *Migration Act 1958* (Cth), or alternatively, whether there was a real risk of him suffering significant harm if removed from Australia to Sierra Leone under section 36(2)(aa) of the Act. The Tribunal was required to assess the applicant's claims in light of country information regarding the laws and societal attitudes towards homosexuality in Sierra Leone, and the availability of effective protection measures.

The Tribunal found that the applicant had provided consistent evidence of his experiences, including familial pressure to marry, attacks by groups who suspected his homosexuality, and a public denunciation that forced him to flee. It considered that the applicant was not required to conceal his sexual orientation, which is a characteristic fundamental to his identity. The Tribunal also took into account country information indicating that same-sex sexual acts are illegal or not specifically protected in Sierra Leone, and that non-state actors' discriminatory actions are often tolerated by police. Based on these considerations, the Tribunal concluded that Australia had protection obligations towards the applicant.

The Tribunal remitted the matter for reconsideration with a direction that the applicant satisfies section 36(2)(a) of the *Migration Act*, meaning he is a refugee in respect of whom Australia has protection obligations.