1826672 (Refugee)

The applicant, a citizen of Ghana, sought a protection visa in Australia, claiming she feared harm due to her sexual orientation. She asserted that as a lesbian living in Ghana, she faced discrimination, harassment, and potential detention, and that state protection was unavailable. The dispute concerned whether Australia had protection obligations towards the applicant. The matter was heard by the Tribunal.

The legal issues before the Tribunal were whether the applicant met the criteria for a protection visa, specifically whether she had substantial grounds for believing that, as a necessary and foreseeable consequence of being removed from Australia to Ghana, there was a real risk that she would suffer significant harm. This involved assessing her claims of persecution based on her sexual orientation and the availability of state protection in Ghana.

The Tribunal found the applicant to be a credible witness, whose evidence regarding her sexuality and fears of returning to Ghana was consistent and compelling. The Tribunal accepted her claims about her circumstances in Ghana and the reasons for her fear of return, noting that she had provided detailed and difficult-to-fabricate information. The Tribunal also considered evidence from a third party that corroborated the applicant's claims.

Consequently, the Tribunal concluded that the matter should be remitted for reconsideration.