1829739 (Refugee)

This matter concerned an application for a Protection visa by a Ghanaian citizen who claimed to be a victim of a visa scandal involving the Ghana National Sports Authority. The applicant alleged that he was deceived into paying a significant sum of money to travel to Australia under the guise of supporting Ghanaian athletes at the Commonwealth Games, only to discover upon arrival that he had been misled and was now at risk of harm upon return to Ghana. He claimed that individuals involved in the scandal, including those in power, would seek to silence him to prevent him from revealing their fraudulent activities. The decision was made by the Tribunal.

The primary legal issues before the Tribunal were whether the applicant met the criteria for a Protection visa under section 36(2)(a) of the Act, which relates to a well-founded fear of persecution, or alternatively, the complementary protection criterion under section 36(2)(aa) of the Act, which concerns a real risk of significant harm as a necessary and foreseeable consequence of removal from Australia. The Tribunal was required to assess the applicant's claims of risk in light of the evidence presented and relevant guidelines, including Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information.

The Tribunal considered the applicant's claims regarding the visa scandal and his fear of harm upon return to Ghana. However, the Tribunal found that the applicant was not a witness of truth and had significant credibility concerns. The Tribunal noted that the applicant did not suffer harm in Ghana prior to his departure and that his claims of future harm were not sufficiently substantiated to meet the threshold for protection. The Tribunal also considered the possibility of prosecution by the Ghanaian government, but concluded that this did not establish a well-founded fear of persecution or a real risk of significant harm.

Ultimately, the Tribunal affirmed the decision not to grant the applicant a Protection visa, finding that he did not satisfy the criteria under section 36(2) of the Act.