1902346 (Refugee)

The applicant sought a protection visa, with the Minister's Delegate having previously refused this application. The dispute concerned whether the applicant met the criteria for a protection visa under the *Migration Act 1958* (Cth) and the *Migration Regulations 1994* (Cth). The matter was before the Tribunal for review of the delegate's decision.

The primary legal issue before the Tribunal was whether the applicant qualified for a protection visa, specifically considering the grounds of complementary protection. This involved assessing the applicant's status as an HIV-positive individual and the implications of returning to Ghana, where treatment options were limited, stigma and discrimination were prevalent, and the likely progression of the illness posed a significant risk to life.

The Tribunal found the evidence regarding the applicant's HIV-positive status to be overwhelming, supported by medical authorities. Expert medical evidence indicated that the applicant had an excellent prognosis and a predicted normal lifespan if he remained on antiretroviral therapy in Australia, with access to adequate social support and freedom from stigma. Conversely, without regular therapy, the applicant was predicted to progress to AIDS within two years and likely die within five years. The Tribunal noted that interrupted treatment could lead to drug-resistant HIV, further compromising his health. The evidence also highlighted the significant challenges in accessing antiretroviral therapy and the pervasive stigma and discrimination faced by people living with HIV in Ghana, which would likely impede adherence to treatment and access to care. Consequently, the Tribunal concluded that the Minister's Delegate's decision should be set aside.