1835198 (Refugee)

The applicant, a national of Ghana, sought a protection visa in Australia. The dispute concerned whether the applicant met the criteria for a protection visa, either as a refugee or by satisfying the complementary protection criterion. The applicant claimed to have fled Ghana due to threats to his life stemming from his involvement in clashes between tribal herdsmen and farmers, which resulted in his father's death and his own injury.

The court was required to determine if the applicant was a refugee within the meaning of the Migration Act 1958, specifically whether he had a well-founded fear of persecution based on his ethnicity or membership in a particular social group. Additionally, the court had to consider whether, if not a refugee, there were substantial grounds for believing that the applicant faced a real risk of suffering significant harm as a necessary and foreseeable consequence of being returned to Ghana, thereby satisfying the complementary protection criterion.

The court considered the applicant's evidence, including his passport and written statements, alongside country information. It noted inconsistencies in the applicant's account regarding his residence, employment, and the chronology of events. The court found that the applicant had not established that he was generally identifiable as a member of a particular social group or that he faced a real risk of persecution or significant harm throughout Ghana. The court also considered the possibility of internal relocation and the availability of state protection, finding these factors relevant to the assessment of risk. Ultimately, the court concluded that the applicant did not satisfy the criteria for a protection visa.

The decision of the Tribunal not to grant the applicant a protection visa was affirmed.