1829743 (Refugee)

The applicant, a woman of Christian religion and Akan ethnicity, sought review of a decision not to grant her a protection visa. She arrived in Australia in 2014 and applied for protection in 2017, claiming a fear of harm from her family elders in Ghana due to her renunciation of traditional spiritual practices and adoption of Christianity. The dispute centred on whether she met the criteria for a protection visa, with the primary decision maker having found her evidence unreliable and her claims not substantiated.

The court was required to determine if the applicant had a well-founded fear of persecution for reasons of religion or membership of a particular social group, as defined by the Migration Act 1958. Specifically, the court needed to assess whether the applicant faced a real chance of suffering significant harm as a necessary and foreseeable consequence of being removed from Australia to Ghana, considering the evidence presented regarding her alleged spiritual possessions, her family's traditional roles, and her conversion to Christianity.

The court noted that the applicant's evidence had been confused and contradictory, leading to credibility concerns. While accepting the applicant's belief in spiritual possession, the court found that her statements at interview indicated she did not fear harm from her family or others in Ghana, but rather from the spirit itself, and that her mother cared for her during episodes. The court also considered country information regarding traditional Ghanaian beliefs and the pressures faced by individuals selected for spiritual roles. Ultimately, the court affirmed the decision not to grant the protection visa, finding that the applicant had not satisfied the criteria under section 36(2) of the Act.