1832430 (Refugee)

This matter concerned an application for a Protection visa by a male applicant from Ghana. The applicant claimed he feared serious harm upon return to Ghana due to threats from a group identified as Fulani rebels. He alleged that these rebels had recently entered his home, held his wife and children at gunpoint, and caused injury to his youngest son and sexually assaulted his wife. The decision under review was made by the Refugee Tribunal.

The primary legal issue before the Tribunal was whether the applicant faced a real chance of suffering serious harm if returned to Ghana, based on race, religion, nationality, membership of a particular social group, or political opinion. Alternatively, the Tribunal was required to consider whether there were substantial grounds for believing that, as a necessary and foreseeable consequence of removal to Ghana, the applicant would face a real risk of suffering significant harm, engaging the complementary protection criterion.

The Tribunal considered the applicant's claims in light of Ministerial Direction No. 84, the Refugee Law Guidelines, Complementary Protection Guidelines, and country information assessments. While the applicant detailed alleged past harm to his family, the Tribunal concluded that the matter should be remitted for reconsideration. The specific reasons for this remittal are not detailed in the provided text, but the Tribunal indicated that the applicant's claims and the relevant legal criteria required further assessment.