1827173 (Refugee)

This matter concerned an application for a Protection visa by a citizen of Sierra Leone. The applicant claimed he feared harm from supporters of the ruling Sierra Leone People’s Party (SLPP) due to his strong membership and active role in the opposition All Peoples Congress (APC) party. The decision under review was made by the Administrative Appeals Tribunal.

The primary legal issue before the court was whether the applicant met the criteria for a Protection visa, specifically whether he had established a well-founded fear of persecution based on his political opinion, or alternatively, whether he met the complementary protection criterion due to a real risk of significant harm if returned to Sierra Leone. The court was required to consider the applicant's claims in light of relevant guidelines and country information, and to assess the credibility of his evidence.

The Tribunal considered the applicant's evidence regarding his involvement with the APC, the confrontations with SLPP supporters during the election campaign, and the subsequent persecution of APC members after the SLPP won the election. The Tribunal noted inconsistencies in the applicant's evidence and found that he had not established a well-founded fear of persecution for a Convention reason. However, the Tribunal also considered the complementary protection criterion, which requires a real risk of significant harm as a necessary and foreseeable consequence of removal. The Tribunal ultimately affirmed the decision under review, indicating that the applicant had not satisfied the requirements for either the refugee criterion or the complementary protection criterion.