1831247 (Refugee)

The applicant, a citizen of Sierra Leone, sought a protection visa in Australia. The dispute arose from the applicant's claim that he feared persecution upon return to Sierra Leone due to his involvement in producing campaign materials for the All People’s Congress (APC) party, which he alleged led to threats and physical attacks from members and supporters of the opposing Sierra Leone People’s Party (SLPP). The court was required to determine whether the applicant had a well-founded fear of persecution for a Convention reason, or if there was a real risk of significant harm as a necessary and foreseeable consequence of removal to Sierra Leone.

The court considered the applicant's claims, including his alleged production of campaign materials for the APC, subsequent threats and physical assaults by SLPP supporters in Sierra Leone, and ongoing threats and intimidation in [Country 1], where he was residing. The court also had regard to country information regarding political violence and ethnic conflicts in Sierra Leone. The legal issues involved assessing the credibility of the applicant's claims and determining whether the fear of harm was well-founded and linked to a Convention reason, or if there were substantial grounds for believing a real risk of significant harm would arise from his removal.

The court affirmed the delegate's decision to refuse the protection visa. While accepting the applicant may have assisted in producing campaign materials, the delegate was not satisfied that the applicant had acquired an adverse political profile that would cause him to be targeted for harm by the SLPP or aligned gangs. Consequently, the delegate found that the applicant did not meet the criteria for protection under section 36(2)(a) or 36(2)(aa) of the Act. The court did not find it necessary to assess section 36(3) of the Act, which pertains to the applicant's right to enter and reside in another country, as the primary protection criteria were not met.