1900785 (Refugee)

The applicant sought review of a delegate's decision to refuse a protection visa. The applicant, a self-identified homosexual woman from Ghana, claimed she feared persecution upon return due to her sexual orientation, including harassment by the public and police, and disownment by her family. The delegate had refused the visa based on concerns about the applicant's credibility, finding her claims about her sexuality and mistreatment in Ghana not to be accepted.

The primary legal issue before the Tribunal was whether the applicant was a person in respect of whom Australia had protection obligations. This required the Tribunal to assess whether the applicant met the criteria for being a refugee under section 36(2)(a) of the Migration Act 1958, or alternatively, the complementary protection criterion under section 36(2)(aa). The Tribunal was required to consider the applicant's claims of persecution for reasons of membership of a particular social group (homosexual women in Ghana) and the real risk of suffering significant harm if returned to Ghana.

The Tribunal affirmed the delegate's decision, finding that the applicant's evidence contained significant inconsistencies when compared to her previous statements to the delegate and her written claims. While acknowledging that nervousness and the sensitive nature of discussing sexuality could contribute to some discrepancies, the Tribunal concluded that these factors could not fully account for the numerous and substantial discrepancies identified. The Tribunal's concerns about the truthfulness of the applicant's claims were not overcome by the evidence presented.

Consequently, the Tribunal affirmed the decision not to grant the applicant a protection visa.