1829741 (Refugee)

The applicant, a citizen of Ghana, sought a protection visa, claiming he feared harm from his maternal relatives who practiced traditional animist and pagan beliefs. He alleged he was initiated into a traditional role at age 14, involving rituals and duties for a local chief, and that these duties ended when he turned 17. The dispute concerned whether he met the criteria for a protection visa, either as a refugee or under complementary protection provisions. The decision reviewed was made by a delegate of the Minister, and the matter came before the Tribunal for review.

The Tribunal was required to determine if there was a real chance the applicant would suffer serious harm if returned to Ghana due to his race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, it had to consider if there were substantial grounds for believing that, as a necessary and foreseeable consequence of his removal to Ghana, he faced a real risk of suffering significant harm. This involved assessing the credibility of his claims, considering his inconsistent statements and evidence, and evaluating country information relevant to his situation.

The Tribunal found that the applicant's claims lacked credibility, noting inconsistencies and a prolonged period of residence in Ghana after his alleged duties ceased without serious harm. His arrival in Australia using another person's passport, the delay in applying for protection after his partner visa was refused and his period in immigration detention, and the absence of any fear of harm expressed in his partner visa application were also significant factors. The Tribunal considered the Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments. Ultimately, the Tribunal concluded that the applicant did not satisfy the criteria for a protection visa.