1830405 (Refugee)

This matter concerned an application for a protection visa by a citizen of Sierra Leone. The applicant claimed to have been a youth advocate and public speaker in his community, speaking out on issues affecting young people and advocating for assistance from the government and powerful individuals. He alleged that this advocacy led to threats, a physical assault, detention by police, and further threats from a pro-government secret society, compelling him to flee Sierra Leone. The applicant's claims were assessed by the Tribunal.

The primary legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia had protection obligations. This required determining if the applicant met the criteria for being a refugee under section 36(2)(a) of the *Migration Act 1958* (Cth) or the complementary protection criterion under section 36(2)(aa) of the Act. The Tribunal was required to consider the applicant's claims of persecution based on imputed political opinion and the risk of significant harm upon return to Sierra Leone.

The Tribunal affirmed the decision not to grant the applicant a protection visa. The reasoning for this decision was based on significant concerns regarding the applicant's credibility. These concerns arose from inconsistencies in his claims and evidence presented over time, aspects of his written claims that were not elaborated upon during the hearing, and the introduction of a new claim at the hearing that had not been raised previously. Consequently, the Tribunal found that the applicant did not satisfy the criteria for the grant of a protection visa.