1916109 (Refugee)

1916109 (Refugee) [2020] AATA 5083 (17 November 2020)
DECISION RECORD
DIVISION:Migration & Refugee Division
CASE NUMBER:  1916109
COUNTRY OF REFERENCE:                   Ghana
MEMBER:Jane Marquard
DATE:17 November 2020
PLACE OF DECISION:  Sydney
DECISION:The Tribunal affirms the decision not to grant the applicant a protection visa.

Statement made on 17 November 2020 at 8:52am
CATCHWORDS
REFUGEE – protection visa – Ghana – Federal Circuit Court remittal – religion – Muslim background – conversion to Christianity – credibility concerns – inconsistencies with information in previous visa application – country information – general tolerance for Christianity and conversion – no harm suffered after conversion – decision under review affirmed
LEGISLATION
Migration Act 1958 (Cth), ss 5AAA, 5H, 5J, 36, 65
Migration Regulations 1994 (Cth), Schedule 2
CASES
Chan v MIEA (1989) 169 CLR 379
Chand v Minister for Immigration and Ethnic Affairs [1997] FCA 1198
DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64
MIAC v SZQRB [2013] FCAFC 33
MIEA v Guo (1997) 191 CLR 559
Nagalingam v MILGEA (1992) 38 FCR 191
Prasad v MIEA (1985) 6 FCR 155
Sivalingam v Minister for Immigration and Multicultural Affairs [1998] FCA 1167
Sundararaj v Minister for Immigration and Multicultural Affairs [1999] FCA 76
Any references appearing in square brackets indicate that information has been omitted from this decision pursuant to section 431 of the Migration Act 1958 and replaced with generic information which does not allow the identification of an applicant, or their relative or other dependants.
STATEMENT OF DECISION AND REASONS
OVERVIEW OF APPLICATION FOR REVIEW

The applicant is a [age]-year-old man from Ghana. He arrived in Australia [in] February 2017 on [a temporary visa] to perform at [an event]. On 24 March 2017, the applicant applied for a protection visa under s.65 of the Migration Act 1958 (the Act).
On 30 November 2018 a delegate of the Department of Immigration and Border Protection (the Department) refused the application for a protection visa. On 5 February 2019 the applicant applied for a review of that decision by the Administrative Appeals Tribunal (the Tribunal).
On 12 February 2019 the Tribunal, differently constituted, found that it had no jurisdiction in the matter on the basis that the applicant lodged the review application out of time. That decision was set aside by the Federal Circuit Court on 18 June 2019 in light of the decision in DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64. The matter is now before the Tribunal for review pursuant to an order of the Court.
The Tribunal must determine whether the applicant meets the refugee or complementary protection criteria set out in the Act. A summary of the relevant law is set out in Attachment A. An extract of the legislation is set out in Attachment B.
The evidence taken into consideration
In reaching a decision, the Tribunal has taken into consideration the evidence adduced to the Department, evidence before this Tribunal and a variety of independent sources about Ghana.
Summary of evidence before the Department
The applicant provided evidence and claims in his application form for the protection visa and supporting documents, as well as an interview with the Department on 17 August 2018. A summary follows.
He said that he was born in [Location 1] near [City 1] in the Ashanti region, and is of Gurmah ethnicity. He is a Christian. His parents are deceased, and his sister and brother are still living in [City 1]. He worked as a [Occupation 1] in Ghana.
He was married in Ghana and his wife, son (born [year]) and two daughters (born [year] and [year]) are living in Ghana.
He said that he was born into and raised in a Muslim family. He attended the local Arabic School in [Location 1], [City 1]. By his teenage years he was a devout and committed Muslim and practised his faith ‘with enthusiasm’. He prayed seven times a day, participated in an annual 30-day fast and attended the mosque every Friday.
He claimed that he was committed to his Muslim faith but decided to convert to Christianity along with three Muslim friends who perform in a [group] called [Group 1].As a [performer] he appeared at functions Muslims would not usually attend such as schools and churches, and was exposed to different cultures and religious faiths. Here he made friends with non-Muslims and became attracted to the Christian religion, particularly teachings about love and peace. He attended a wedding at a church in [City 1]. He was intrigued by the love and care displayed to them by Christians, in contrast with the violence being promoted by the Islamic state in the name of Islam around the world.
The applicant was eager to find out more about Christianity but was afraid that the Muslims within his community would find out. He began to attend secret meetings with his group on Sundays in around 2016 at a church called [Church 1], with a pastor called [Ms A]. On Fridays he would attend mosque. He attended mosque less and less. He went to bible classes in Ghana for three months. His Muslim friends told his family and the local Imam of the [local] Muslim Community about his interest in Christianity. He received strong warnings from his family to cease interest in Christianity or face consequences from the family and local community. He was not however harmed in any way.
He said that his [group] received an invitation to perform at [an event in Australia] and he consulted his Pastor of [Church 1] in Ghana for advice. The Pastor provided him with contact details of a church in Australia. He has been attending church since he has been in Australia.
He said that he has told his family in Ghana, including his wife, about his attendance at church and they have pleaded with him to reconsider. They have turned against him and warned him they are ready to harm him for the shame he has brought the family. He said that he made his wife understand about Christianity, but she could not convert in the area she lives in. However, she would like to convert.
He fears returning to Ghana as his parents warned him that if he became a Christian, they, and the Muslim community would reject him and he would receive appropriate punishment which is death, as preached in the Q’ran. He could not relocate as he would be easily sought out.
He said that [Location 1] is a volatile community where he witnessed constant sectorial violence waged by different Muslim sects over religious beliefs. As a member of the Sunna sect, he witnessed several clashes with the Tijaniyya sect. Irate Muslim youths are prepared to defend their religion unto death. Tijaniyya and Sunna will come together and bury their differences to harm former Muslims who defect to Christianity. Ghana is a lawless state and recently a vigilante group called Delta 8 was created by the government and they beat up a government appointee. When the culprits were tried in court, the group invaded the court and threatened the judge to release the group members. In another incident, radio commentators were gaoled for agitating for the killing of judges. They were granted amnesty because the radio station is affiliated with the government.
He said that he cannot seek protection from government authorities as they are corrupt. He said that the law only works for the rich, privileged and those with political connections.
Decision of the Department
The Department did not accept that the applicant was a Christian, based on his basic knowledge of Christianity. The delegate also noted the similarity of his claims with other [members of Group 1].
Summary of evidence before the Tribunal
The applicant appeared before the Tribunal to give evidence and present arguments on 13 February 2020. An interpreter assisted the hearing by telephone. The applicant also provided written submissions. The applicant’s representative was in the hearing room. The hearing was then adjourned as the applicant was having difficulties understanding the interpreter. A second hearing in the matter was scheduled for 12 March 2020. This hearing was adjourned as the interpreter did not arrive. A further hearing was scheduled for 8 September 2020. This hearing went ahead with the assistance of an interpreter. On this occasion the applicant confirmed that he could understand the interpreter.
Prior to the 8 September hearing the applicant’s representative indicated that the applicant had been dissatisfied with the standard of interpretation in the February 2020 hearing. To ensure that the applicant’s evidence at the February 2020 hearing was correctly noted by the Tribunal member, she read a summary of evidence to him, and provided him with an opportunity to amend or expand.
A summary of the evidence provided at both hearings and in written submissions is set out below.
The applicant confirmed that he was born and lived in [Location 1], a suburb of [City 1] in the Ashanti region and lived there until he came to Australia. His parents came from that region. His father worked in [industry], and his mother in a [workplace]. His father passed away in 1992, and his mother in 1997.
He has one sister and one brother. Both are living in [City 1] and are married with children. He used to be in touch with them ‘now and again’, but lately has not been able to be in touch. His brother is [an Occupation 2] and his sister is [an Occupation 3].
He was married in 1999. They had a small Muslim wedding in which his family introduced his wife’s family and the nikah was performed. His wife, son (born [year]) and two daughters (born [year] and [year]) are living in [City 1]. When he lived there, they resided in a predominantly Islam community and brought up the children in the Islam faith. Two days a week the children attended a Koranic school. His wife is looking after the children. They are supported by one of her siblings as well as from money the applicant sends to her. He speaks to his wife and children ‘now and again, probably every week or two’. He and his wife separated [in] September 2018.
He has extended family such as uncles, aunts and cousins in the region. He is not in touch with them at the moment. He also has many friends in the region.
When he grew up, he attended a compulsory Islamic school located in [Location 1]. He had to ‘follow his parents’ footsteps’. They practised Islamic principles by praying five times a day, then fasting during Ramadan for 30 days, and ‘followed everything in the Islamic way’ including reading the Koran. They also went to mosque for Friday Day Prayer, called ‘jama’ah’.
He finished Koranic high school in [City 1]. After this, he started a [job], buying and selling [product], which he did until he came to Australia.
In 2015, while looking for better ways to support himself, he met a man who introduced him to a cultural group, [Group 1], made up of people of different religious backgrounds. The group was founded by a Ghanaian man in [Country 1] who combined various groups together to form [Group 1]. The applicant got involved with this group, which performed at weddings and other events, and came with them to Australia. The applicant played [Instrument 1]. He told the Tribunal at the first hearing that he travelled to Australia in order to improve his life (as interpreted by the first interpreter, with whom the applicant had concerns). At the second hearing he said that he had said something different. He said that he came to Australia to be protected for fear of his life. The applicant was asked if he played in other groups prior to his participation in [Group 1]. He said that his first group was [Group 1] in [City 1]. Then in 2016 he became involved in the ‘larger [but related Group 2]’ although he was not a member. [Group 2] was known internationally, because a few people in it were very good. He came to Australia with the bigger group to perform and earn a living. He said at the second hearing that this interpretation was problematic. He was selected from [Group 1] to join [Group 2] to perform in Australia but his main agenda was to seek protection. This was his ‘first reason’ to come to Australia. At the second hearing he said that he did not come to Australia to earn a living, he came to ‘protect his life’.
In Ghana, as a [Occupation 1] he [visited] locations Muslims would not usually visit, such as Christians schools and churches and they were exposed to different cultures and religious faiths. He said that they made friends with non-Muslims and became attracted to the Christian religion, particularly teachings about love and peace. He was intrigued by the love and care displayed to them by Christians, in contrast with the violence being promoted by the Islamic state in the name of Islam around the world.
He was asked why he stayed on in Australia and applied for protection. He said that he travelled with the [performing] group to perform but he decided to apply for protection because he wanted to be a Christian. At the second Tribunal hearing, he said that he came to perform in [Event 1] from [date] to [date]. They were supposed to meet with the international members who did not turn up. This meant that the members of [Group 2] who had arrived were handicapped as they could not do anything without the international group, who they were supporting. Towards the end of the applicant’s stay he made a decision to remain and practice his religion as Australia is a place of human rights and civil liberties.
Asked to describe why he decided to change his religion, he said that he first became interested in Christianity in Ghana. In his Muslim community there was a great deal of fighting and many problems, and he became interested in the peaceful values of Christianity. He reflected on and compared all the religions and decided to explore the Christian church. In 2016, while part of [Group 1], he went to a local church where they performed at a wedding. He was sitting there listening to the sermon, and he was struck by the ‘peace of the event’. He thought that this ‘was where he should be’. It felt good. He then met with the female pastor and he told her that he wanted to learn more about the religion. After that he started attending church and joined a Bible Group to explore the Christian faith a bit more. The pastor was quite surprised as he was from a Muslim background, saying that it was a serious decision as it was taboo in his society. He did not tell his wife straight away as it was difficult to talk about. He was discrete at first and wanted to learn about the Bible. A friend showed him how to read the Bible at Bible School, and he wanted to learn first so he did not initially tell his family that he was tilting towards Christianity. Asked if he told them later, he said that he did not at first, but someone saw him and told his immediate family that it looked like he was converting. It was a small town and news spread to his aunts and uncles and someone called the imam of the mosque. The imam asked him why he had moved religions. His aunts and uncles were shocked and disappointed as it was taboo to convert.
He was asked if he then told his wife. He said it is a blasphemous act and brought them both fear and they were unsettled. Asked if she accepted his decision, he said that initially she accepted because it is the man who is the head of the family.
Asked if he told his parents, he said that he did not. Someone told his extended family who spoke to his parents. This brought confusion to his parents. Asked if they came and spoke to him, he said that they called him and told him to revert back to Islam. The family told him that he knows what the Islamic community would do, which is to kill him. They told him there were serious consequences and he should stop meeting with Christian friends. After that he laid low to avoid any confrontation with his family.
He was asked if he spoke to his brother and sister. He said that his brother and sister had the same views as his family. The conversation between them became heated.
He said that at the time his children were aged [age], [age], [age] and [age]. He spoke to the [eldest] about his interest in Christianity. His son was frightened his father would be killed. He told his son that he should continue in the Islam religion until the father could find a way for them to practice Christianity together.
The applicant was asked by the Tribunal if he could not have moved to a different part of Ghana if he was concerned about the attitudes of his community. He said that at the time he had the opportunity to come to Australia and knew he could stay in Australia.
He was asked if he told friends in Ghana about his interest in Christianity. He said that it was difficult to tell friends in that predominantly Muslim society as it would create hardship.
He was asked if he had tried to rebuild the relationships with his family since he has been in Australia. He said that the relationship was not in a good place even before his decision to leave Christianity. He did call them to let him know he had moved to Australia and he had become a Christian. They thanked him for bringing shame to them and told him that if he returned to Ghana he ‘knows what would happen’.
His parents have passed away now. He said that there are uncles and aunts who have assumed the role of parents, as is typical in African family structures. He was asked if he fears his uncles and aunts, or others. He said that he fears almost any Muslim. It is the law that whoever leaves Islam should be killed. He also distrusts his ex-wife. He was asked if anyone he ever knew was killed for converting. He said that it is an old principle in Islam, the prophet states clearly that whoever is an apostate must be killed, and the killer is rewarded and ‘it happens’.
He said that he found [Church 1] by performing there and listening to the sermon on the day he performed. Asked what he knew about the church and what denomination it is, he said that it is the [Church 1]. They preach and practice the doctrines. He was asked if it was local or international. He said it was a Ghana church with branches all through Ghana. He underwent a three-month bible study, ‘haphazardly and in fear’. He was asked if he could remember any key principles or lessons which impressed him such that he wanted to convert. He said that there were ‘a lot’. Asked if there was a specific lesson or principle that made him want to convert, he said that, for example, in Christianity, there is free will and reasoning, as long as ‘you think it is right’, which is not the case in Islam. There is compulsion in Islamic faith.
He said that the three friends who converted with him and travelled with him, are now in Australia, and they go to church with him in [Suburb 1]. All three attended the same church sermon and decided to convert. He was asked if that was an unusual situation that all four at the same time decided to change from their family religion to Christianity. He said that it is ‘not surprising’. He said that the preacher can get 40 people to convert, if they are looking for salvation. He was asked why all these people would want to convert if it was dangerous to do so. He said that they did not convert at the same time. He converted because he was looking for salvation. Everyone was ‘doing their own thing’.
In written submissions to the Tribunal, the applicant said that there is adequate evidence that he is a Christian. He attended Bible Study, Christian religious gatherings and Sunday service in Ghana. He also declared to his family that he was a practising Christian, although he did hide his conversion from his family due to receiving threats from them.
The Tribunal asked him why he fears harm in Ghana if he suffered no harm from May 2016 [to] February 2017, after which he left the country. He answered that after the imam had been told, and his family learnt of it, there was a lot of pressure and he withdrew from going to church and ‘laid low’ until he left and could travel, and was looking for an opportunity to practice his faith. He was asked how the volatility of the community in [Location 1] would impact on him. He said that the two main Islamic groups fight each other and both think they are on the right path. They share the view that a person who kills a convert should be rewarded. This is why he is afraid.

The applicant said that he learnt [Instrument 1] as an adult at a cultural centre. He did not play any other instruments. He did not know much about [Group 2] as they were in Accra and overseas. He was in [City 1]. He was asked if he knew some of the people in the group or what their names were. He named [Mr B], [Mr C] and [Mr D].
He confirmed that he did not perform at [Event 1]. He stayed with a Ghanaian community leader with his friends from [Group 1] and they all went to church together. He said that when people arrive from Ghana, the Australian host asks them about their situation. They explained to their host what had happened, and the community leader told them about the need to apply for protection.
He said that he is not [performing] anymore. He is focusing on the Bible and calling people to Christianity.
He was asked if he is still living with his friends from [Group 1]. He said that they used to meet at church, but no longer. He was baptised in Ghana but not in Australia.
He provided a letter from [Mr E], an elder of the [Church 2], dated 10 August 2018. [Mr E] states that the applicant had attended the church since April 2017 and he had known him all that time. He meets with the applicant and others on Sunday mornings before the church service to read and study the Bible together. He confirmed that the applicant is a committed Christian and they have enjoyed many hours of study and discussion. The applicant does not live near the church but has travelled to attend. [Mr E] also stated that it is reasonable to question his conversion. However, he said that ‘week in, week out, in the context of our Bible Study, [the applicant) has consistently declared that Jesus is Lord of all.’ He said that the applicant has maintained and grown in his affections for Jesus as Lord. He attested that the applicant was honest and hardworking.
[Mr F], in a letter dated 18 August 2018, states that he is the secretary of [Church 2]. He said that the applicant has been attending Sunday services for over 12 months, and that he is honest and hardworking, speaks regularly of his family and misses them.
The applicant said that his friends are still attending church even though he does not see them anymore. They meet virtually on Sundays because of the COVID-19 pandemic.
Asked if he would like to add anything to his testimony, he said that the questions the Tribunal had asked were ‘in order’. He pleaded with the Tribunal to look at his case and offer him protection so that he could stay in Australia and have peace and respect for human rights and the right to practice his faith. He submitted that in Ghana he might be harmed or killed and could not practice his religion the way he would like to do so. He also submitted that his personal circumstances are different to most as there are not many Muslims who would change their religion and for this reason he is afraid for his life. In particular, he is afraid of his family who are ‘hell-bent’ on harming him as he has brought shame on them. He said that this danger exists in all part of Ghana. There is no state protection as law enforcement agencies are unprofessional, corrupt and incompetent.
Evidence of [Mr E] at the Tribunal hearing
[Mr E] said that he is is an [Occupation 4] and an elder in the [Church 2]. He met the applicant and his three friends three years ago on their first visit to the church, where there are a few other Ghanaians. [Mr E] said that he went over to talk to the applicant and his friends. He said that they told him that they were recent Christian converts and that was why they were staying in Australia. It was difficult for them in the beginning as their English was not strong. Progressively over time, their English has improved considerably.
[Mr E] confirmed that the applicant and his friends have attended church since then. He sees them at the Sunday service. A year ago the church started an earlier Bible Study and the three of them have been attending from 8.30am for Bible Study and working through passages. Each person reads a passage and they work through it together. Occasionally there is an international dinner and a working bee, and the applicant and his friends have attended.
It is [Mr E]’s view that the applicant is a committed Christian. He is of the view that if the applicant was pretending it would have been very difficult for them to have the conversations they have had. [Mr E] has a diploma in religion so they discuss real theological ideas as well. It would be difficult for him to have these discussions if it was not real.
He said that he has welcomed the applicant into his home with his children many times. It has been a blessing for his family.
Documents provided
The documents provided to the Department and Tribunal are listed in Attachment C.
Independent country information
The Tribunal has considered relevant country and media reports from a variety of sources. The most relevant of these sources are referred to and cited in the findings.
FINDINGS AND REASONS
The Tribunal must be satisfied that the applicant meets the refugee or complementary protection criteria. A summary of the relevant law is set out in Attachment A. In summary, in order to meet the refugee criterion, an applicant must have a well-founded fear of persecution for reasons of race, religion, nationality, membership or a particular social group or political opinion. To meet the complementary protection criterion, there must be substantial grounds for believing that as a necessary and foreseeable consequence of the applicant being removed from Australia to the receiving country, there is a real risk of significant harm.
The mere fact that a person claims fear of persecution for a particular reason does not establish either the genuineness of the asserted fear or that it is ‘well-founded’ or that it is for the reason claimed. Similarly, that an applicant claims to face a real risk of significant harm does not establish that such a risk exists, or that the harm feared amounts to ‘significant harm’. It remains for the applicant to satisfy the Tribunal that all of the statutory elements are made out. A decision-maker is not required to make the applicant's case for him or her. It is the responsibility of the applicant to specify all particulars of the claim to be a person in respect of whom Australia has protection obligations and to provide sufficient evidence to establish the claim. The Tribunal does not have any responsibility or obligation to specify, or assist in specifying any particulars of the claim, or to establish or assist in establishing the claim: s.5AAA of the Act. Nor is the Tribunal required to accept uncritically any and all the allegations made by an applicant (MIEA v Guo (1997) 191 CLR 559 at 596, Nagalingam v MILGEA (1992) 38 FCR 191, Prasad v MIEA (1985) 6 FCR 155 at 169-70).
The findings of the Tribunal, based on the evidence provided, are set out below.
Nationality/receiving country
The applicant provided a copy of his Ghanaian passport issued in Accra in 2016. The Tribunal is satisfied on the basis of his passport that the applicant is a citizen of Ghana and that Ghana is the receiving country for the purposes of the legislation.
Findings of fact
The reasonable approach to fact-finding
When assessing claims, the Tribunal must make findings of fact in relation to the claims, which may include findings of credibility. It is generally accepted that the Tribunal should adopt a ‘reasonable approach’ to making its findings with regard to credibility, based on relevant and material facts. The Tribunal accepts that ‘if the applicant's account appears credible, he or she should, unless there are good reasons to the contrary, be given the benefit of the doubt’.[1] The benefit of the doubt should however only be given where ‘all available evidence has been obtained and checked and where the examiner is satisfied as to the applicant’s general credibility. The applicant’s statements must be coherent and plausible and must not run counter to generally known facts’.[2]
[1] United Nations High Commissioner for Refugees, Refugees' Handbook on Procedures and Criteria for Determining Refugee Status, Geneva, 1992 at para 196
[2] United Nations High Commissioner for Refugees, Refugees' Handbook on Procedures and Criteria for Determining Refugee Status, Geneva, 1992 at para 204
This approach is supported in numerous judgments and commentaries. As Burchett J counselled in Sundararaj v Minister for Immigration and Multicultural Affairs [1999] FCA 76, it is necessary to:
… understand that any rational examination of the credit of a story is not to be undertaken by picking it to pieces to uncover little discrepancies. Every lawyer with any practical experience knows that almost any account is likely to involve such discrepancies. The special difficulties of people who have fled their country to a strange country where they seek asylum, often having little understanding of the language, cultural and legal problems they face, should be recognised, and recognised by much more than lip service.
The Full Court noted in Sujeendran Sivalingam v Minister for Immigration and Multicultural Affairs [1998] FCA 1167:
refugee cases may involve special considerations arising out of problems of communication and mistrust, and problems flowing from the experience of trauma and stress prior to arrival in Australia.
While the applicant has not claimed that he suffered serious harm in Ghana, he nevertheless is in a different country and culture, away from family, and with uncertainty as to visa status. The Tribunal is guided by the decisions and commentaries referred to above, and is mindful of the difficulties faced by refugee applicants, including issues related to the use of interpreters, nervousness and anxiety in a Tribunal environment, and stress caused by separation from home and family. There may also be memory issues resulting from the lapse of time, and cultural issues which affect how an applicant answers questions. The Tribunal has taken these matters into account, as suggested by the Tribunal’s Guidelines on the Assessment of Credibility[3], both in the conduct of the hearing and in evaluating the applicant’s evidence as a whole.
[3] AAT, Migration and Refugee Division, Guidelines on the Assessment of Credibility, available on the AAT Website, >
There were a number of inconsistencies in the evidence between information provided to the Tribunal and earlier evidence to the Department, which caused the Tribunal to question the veracity of the claims. The Tribunal put a number of matters to the applicant under the natural justice provisions in the legislation[4] and invited him to comment or respond. The applicant requested further time to provide a written response and his request was granted. The matters put to the applicant were as follows:
·In his application to the Department for a visitor visa (visitor visa application), the applicant told the Department that he was a [Instrument 2 player]. However he told the Tribunal that he only played the [Instrument 1], and no other instrument.
·In his visitor visa application he claimed that got his [school certificate] in 1994 and was [an Instrument 2 player] for [Group 3] from 1990 to 1993, then for [Group 4] until 1996, then [Group 5] from 2006 to date, and from 2007 was invited to be part of [Group 2]. However, he told the Tribunal that he sold [product] until he came to Australia and was not the member of any [group] until he joined [Group 1] in 2015, and then performed at various cultural occasions.
·A letter from [Event 1], provided to support his visitor visa application, stated that he was invited to appear at the [event] in [2017]. Also attached was a letter from [Group 5] dated 7 November 2016 stating that [Group 1] [is a school] and that the applicant had been a professional [Instrument 2] instructor for 10 years and a member of [Group 2]. This information was different to the information he provided to the Tribunal. He told the Tribunal that he played the [Instrument 1] and sold [product], rather than being [an Instrument 2] instructor.
[4] Section 424AA of the Act
The applicant, through his representative, responded to the Tribunal’s concerns about these inconsistencies by stating that he had no personal knowledge about what was put in his visitor visa application. The applicant claimed that the visitor visa application was arranged by the head of the [performing] group and he did not know that the information in it was false.
The Tribunal notes that there is a declaration at the end of visitor visa application forms. The applicant had responded ‘yes’, declaring that he had read and understood the application and had provided complete and correct information in every detail and attachment. He had also provided extensive personal information in the form. The applicant did not explain how he provided this information to the head of the group who filled it in, and it is of concern that he would sign the declaration without checking the contents. The fact that he travelled to Australia on the basis of incorrect information provided in his visitor visa forms is of concern as it does indicate a willingness to provide false information to Australian government authorities or at least a recklessness as to the provision of information. The Tribunal had concerns about this, as it could also indicate that he provided false information in his protection visa application. There may be instances where applicants have lied or exaggerated about one aspect of the evidence but this does not always indicate that the applicant’s entire evidence is untrustworthy. Professor Hathaway refers to decisions of the Immigration Appeal Board in Canada, and states:
Even where the statement is material, and is not believed, a person may, nonetheless, be a refugee. “Lies do not prove the converse.” Where a claimant is lying, and the lie is material to his case, the [determination authority] must, nonetheless, look at all of the evidence and arrive at a conclusion on the entire case. Indeed, an earlier lie which is openly admitted may, in some circumstances, be a factor to consider in support of credibility.[5]
[5] Hathaway, J., The Law of Refugee Status, Butterworths, Canada, 1991, p.86
The Tribunal, taking the reasonable approach to credibility assessment, on balance accepts therefore that the applicant had no knowledge of the false contents of the visitor visa application.
Further, with some reservations, but on balance, the Tribunal is prepared to accept evidence of the applicant’s conversion. The Tribunal accepts that the applicant came from a Muslim family and attended the local Arabic school. He was able to talk about the basic tenets of Islam, described his Islamic wedding and told the Tribunal that his children attended an Islamic school. The Tribunal also accepts that he became interested in Christianity while performing with [Group 1] at churches and other functions, that he made friends with non-Muslims and became attracted to Christian teachings of love and peace. The Tribunal also accepts that he attended Bible classes with the [Church 1]. Although he knew very little about the church and could not remember a favourite verse or story that impacted on him, this could be ascribed to the short time of his Christian learnings. The Tribunal accepts his evidence about his interest in Christianity as he was able to talk about the values of Christianity which attracted him and his exposure to Christian events. Further, his evidence is supported by a letter dated 13 May 2017 from [Ms A]. The Tribunal accepts also that the local imam and his family tried to persuade him to attend mosque rather than the church and that he felt some ostracism as a result.
However, considering the evidence in its entirety and not in isolated parts (see Chand v Minister for Immigration and Ethnic Affairs, unreported, Federal Court of Australia, 7 November 1997), the Tribunal does not accept that family or community members threatened the applicant with harm while he was in the country or since he left Ghana. The country sources set out in detail below indicate that there is general tolerance for Christianity and conversion in Ghana. Furthermore, there is no evidence before the Tribunal that the applicant was harmed when he remained in the country for almost a year after his conversion. He has also not suggested that his friends, who also converted, were harmed after conversion. The fact that he lived there without harm suggests that, as referred to in numerous sources, discussed later in this decision, there is generally tolerance for conversion in Ghana and that he did not suffer threats while in the country. Such a conclusion is consistent with a conclusion that the applicant came to Australia to [perform] at [Event 1], rather than to flee persecution.
The Tribunal accepts that the applicant plays the [Instrument 1] and came to Australia with [Group 2] to [perform] at [Event 1], although they did not end up doing so. He was able to discuss details of the group and knew of the names of some of the [group] members. A copy of the delegate’s decision provided to the Tribunal by the applicant indicated that it was put to the applicant at the Department hearing that the Department had information that he did not travel to Australia for the purposes of performing, or for reasons of conversion, but for work. It was submitted to the applicant that documents submitted with his visitor visa application were fraudulent. The applicant told the Department that he had nothing to do with the visa application. The Tribunal has accepted that the applicant was not involved in the [Group 2] application and accepts that he came to Australia to play with the [performing] group.
The Tribunal also accepts that the applicant now sees himself as a Christian and attends church in Australia. The Tribunal was strongly persuaded by the credible evidence of [Mr E] in this regard. [Mr E] is an [Occupation 4] and an elder in the [Church 2] and has a diploma in religion. He met the applicant and his three friends three years ago on their first visit to the church when they told him that they were recent Christian converts and that was why they were staying in Australia. He also confirmed that the applicant and his friends have attended church since then and he sees them at the Sunday service, at Bible Study and sometimes at international dinners and working bees. [Mr E] was strongly convinced that the applicant is a committed Christian, saying that he is of the view that if the applicant was pretending it would have been very difficult for them to have the conversations they have had, including theological discussions. This evidence was supported by a letter from [Mr F], the secretary of the church, dated 18 August 2018. Considering [Mr E]’s credible evidence and the fact that the Tribunal has accepted that he became interested in Christianity in Ghana, the Tribunal is satisfied that he engaged in conduct in Australia (attending church) other than for purposes of bolstering his protection claim.
Does the applicant have a well-founded fear of persecution if he returned to Ghana in the reasonably foreseeable future?
Under s.5H(1) of the Act, a person is a refugee if, in the case of a person who has a nationality, they are outside the country of their nationality and, owing to a well-founded fear of persecution, are unable or unwilling to avail themself of the protection of that country.
The next issue for consideration by the Tribunal is whether the applicant has a well-founded fear of persecution for one of the reasons set out in the legislation. The concept of ‘well-founded fear of persecution’ is further defined in s.5J of the Act. It provides that a person has a well-founded fear of persecution if:
·the person fears being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; and
·there is a real chance that, if the person returned to the receiving country, the person would be persecuted for one or more of the reasons mentioned above; and
·the real chance of persecution relates to all areas of a receiving country.

For a person’s fear of persecution to be well-founded, there must be ‘a real chance that, if the person returned to the receiving country, the person would be persecuted…’. Consistent with the interpretation of ‘well-founded fear’ under the Convention, this ‘real chance’ requirement, contained in s.5J(1)(b), provides an objective element to that concept; not only must a person fear persecution, there must be a prospect of that fear being realised.
The concept of ‘real chance’, as relevant to the assessment of well-founded fear under Article 1A(2) of the Convention, was explained by the High Court in Chan v MIEA (1989) 169 CLR 379 as a substantial chance, as distinct from a remote or far-fetched possibility; however, it may be well below a 50 per cent chance. It is clear from the Explanatory Memorandum to the Bill introducing s.5J, that Parliament intended that this same threshold be used to assess claims under s.5J.
The Tribunal is not satisfied that there is a real chance of serious harm for the following reasons.
Firstly, the Tribunal does not accept that the applicant was threatened prior to or after leaving Ghana, for reasons set out earlier.
Secondly, the applicant was living in Ghana from May 2016 [to] February 2017 after his family and the community became aware of his interest in (from May 2016, attendance at bible study) and conversion (baptism, in July 2016) without suffering any harm. Although he said in his application for protection that his full conversion happened in Australia, he told the Tribunal that he was baptised in Ghana. A copy of a baptismal certificate from Ghana was also provided dated July 2016 and the pastor, [Ms A], said that he attended and completed a three-month Bible Study course from May 2016. The applicant told the Tribunal that his family, the imam and his community knew of his attendance at church. He said that after the imam had been told, and his family learnt of it, there was a lot of pressure and he withdrew from going to church and ‘laid low’ until he left. The Tribunal is of the view that if his family members or youths or others in the Muslim community wished to harm him on the basis of his conversion, they would have done so after they found out about it and while he was living and working in the community, notwithstanding that he was ‘lying low’. He said that he was living in the same place until he came to Australia. Furthermore, the Tribunal notes that his parents have passed away and his siblings are married and working in [Location 1]. The Tribunal notes that he used to be in touch with his siblings now and again, and he is in touch with his wife and children, indicating that they had not isolated him on the basis of his conversion, which does suggest that they are not intending to harm him. The Tribunal is also not satisfied other family members would wish to harm him, particularly as his conversion took place so long ago. The Tribunal considers that the fact that the applicant was not harmed while living in Ghana is consistent with country sources discussed below about inter-faith tolerance and tolerance of conversion. Furthermore, there is no evidence that his three friends were harmed in any way or that other people who converted to Christianity in his church were harmed.
Thirdly, country information indicates that [City 1], where the applicant lived, is about 80% Christian and that generally Ghana is a safe place to be a Christian[6]. According to the CIA World Fact Book, in 2010, Ghana’s religious demography comprised of:
Christians 71.2% (Pentecostal/Charismatic 28.3%, Protestant 18.4%, Catholic 13.1%, others 11.4%), Muslims 17.6%, traditional 5.2%, others 0.8%, none 5.2%.[7]
[6] United States Department of State, International Religious Freedom Report Ghana 2019, 2020, Central Intelligence Agency, The World Fact Book - Ghana, undated, accessed October 2019
The recent International Religious Freedom Report, which provides information collated from many sources on religious freedom across the globe, refers to freedom of worship in Ghana. The report does not suggest that Christians in Ghana generally face harassment or other harm from the Muslim community.[8]
[8] United States Department of State, International Religious Freedom Report Ghana 2019, 2020, >
Fourthly, many other reports refer to inter-faith tolerance in Ghana. A 2011 journal article refers to a harmonious relationship between the Christian and Muslim communities in Ghana. The article concludes that:
Ghanaian Christians and Muslims have found a way of living together in peace and harmony through a daily, yet practical dialogue that brings them together in both sacred and secular space. Politics, which often times has been the bane of Africa, has tended to afford Ghanaian Muslims and Christians the opportunity to accommodate each other for the national good. Education is another instrument with which the Ghanaian nation has shaped the understanding of Muslims and Christians about each other’s faith.[9]
[9] Mustapha Abdul-Hamid, Christian-Muslim Relations in Ghana: A Model for World Dialogue and Peace, Ilorin Journal of Religious Studies, Vol.1, No.1, 2011, pp.30-31
Ghana is a constitutionally secular state and is also a signatory to the International Covenant on Civil and Political Rights and the African Charter on Human and People’s Rights (since 1989). According to the US Department of State’s (USDOS) Ghana 2018 International Religious Freedom Report:
The constitution prohibits religious discrimination, stipulates that individuals are free to profess and practice their religion, and does not designate a state religion..
Muslim and Christian leaders continued to emphasize the importance of religious freedom and tolerance, and reported sustained communication among themselves on religious matters and ways to address issues of concern.[10]
[10] United States Department of State, International Religious Freedom Report Ghana 2019, 2020, >
Article 17(1) and (2) of the 1992 Constitution of Ghana prohibits discrimination on grounds of gender, race, colour, ethnic origin, religion, creed, or social or economic status.[11]
[11] United Nations Human Rights Committee, Consideration of reports submitted by States parties under article 40 of the Covenant – Ghana, 30 January 2015
The most recent International Religious Freedom Report[12] reports that:
Government officials leading meetings, receptions, and state funerals generally offered Christian and Muslim prayers and, occasionally, traditional invocations. President Akufo-Addo, a Christian, and Vice President Mahamudu Bawumia, a Muslim, continued to emphasize the importance of peaceful religious coexistence in public remarks. For example, in June President Akufo-Addo spoke at an Eid al-Fitr celebration and declared, “Our nation needs all the virtues that Islam requires us to cultivate during the month of Ramadan. These include good neighborliness, sacrifice, and discipline.” In April, at a celebration of National Chief Imam Sharubutu’s 100th birthday, Vice President Bawumia stated, “Between Muslims and Christians there’s actually more that unites than divides us.”
[12] United States Department of State, International Religious Freedom Report Ghana 2019, 2020, >
The applicant acknowledged that Christianity is ‘popular’ in Ghana. However, he provided an article from GhanaWeb (cited in Attachment C) which reported on two persons suffering injuries following clashes between Muslims and Christians in a football game in Ashanti. He also provided an article from The Australian dated 10 April 2017 (also cited in Attachment C), on the bombing of two Egyptian churches in Egypt, claimed by Islamic state. The Tribunal notes that the first article refers to conflict arising out of a football match, and the second took place in Egypt. Presumably these articles are provided to demonstrate general animosity from the Muslim community towards Christians. The Tribunal notes that there may be isolated incidents where Christians face conflict from members of the Muslim community but overall sources indicate that Christians live and worship safely and in harmony with the Muslim community in Ghana.[13]
[13] See for example, United States Department of State, International Religious Freedom Report Ghana 2019, 2020, >
Fifthly, as discussed with the applicant at the Tribunal hearing, country sources indicate that Ghana has a large number of Muslims who convert to Christianity[14] and the sources indicate that there is tolerance of conversion. The applicant himself mentioned that it was not unusual for four people to convert at once, and the pastor could get 40 people to convert. This does indicate that conversion was not an unusual occurrence. There are large numbers of young Muslims who attend Christian schools, leading to conversion.[15] Further, sources indicate that inter-faith marriage may lead to conversion, with some social ostracism possible[16], but not other types of harm. It was put to the applicant at hearing that the Tribunal could not locate information about people being harmed in Ghana on the basis of conversion to Christianity,[17] and that country information located shows that generally there is religious tolerance and inter-faith dialogue. The applicant responded that within the Muslim community there are accounts of people who have suffered because they have left the religion. He said that usually they have left the country because if they stay in Ghana, they will be harmed. The applicant referred to a case in June 2019 where a father said he would prefer to go to gaol than have his daughter convert to Christianity. He said there are ‘other stories like that’ and of people hiding because of conversion. He said that there is a difference between what leaders say about inter-religious tolerance, and what happens in society at lower levels, and local circumstances are not reflected in sources. He agreed with the Tribunal that the June 2019 case was isolated but suggested that this could happen to him.
[14] Insamer, Ghanaian Muslims, 18 February 2017, Reuters, Faith puts Ghana at heart of global Christianity, 28 February 2017, Insamer, Ghanaian Muslims, 18 February 2017, See for example, African Quarterly, Contemporary Zongo Communities in Accra Interfaith
[17] Sources consulted included CISNET, government reports, non-government reports, domestic and international media and internet searches
The Tribunal accepts that there is at least one reported case of harm against a Christian convert. In the case referred to by the applicant, in June 2019, the media - citing a local news source - reported that a Muslim teenager was hiding in fear of retribution from her father after converting to Evangelical Christianity.[18] The Tribunal acknowledges that not every case is reflected in the sources. However, there are many organisations which report on human rights and religious tolerance in Ghana. If there was a pattern, or cases of violence or other harm against converts, it is expected that these cases would be reported. For example, the United States Department of State reports each year on religious freedom in countries across the globe. Where there is evidence of harm against people who have converted, this is included in the reports.[19] The most recent report on Ghana does not contain discussion of harm against people who have converted to Christianity.[20]
[18] Peace FM Online (My Joy Online), Father “Ready to Go To Jail” Over Daughter’s Conversion to Christianity, 14 June 2019
[19] See for example, United States Department of State, International Religious Freedom Report Saudi Arabia 2019, 2020, United States Department of State, International Religious Freedom Report Ghana 2019, 2020, >
The Tribunal also accepts that some people who convert may have left the country, and that there are instances of tensions between Christian and Muslim communities. For example, a 2017 journal article on Christian-Muslim relations in Ghana concluded that:
There is no doubt that the contemporary Ghanaian society is religiously pluralistic just like most societies of the world today. This religious plurality poses a major challenge to the general society. It has led to the emergence of various religious communities such as Christian and Muslim communities, which though distinct by virtue of their beliefs, practices, and spirituality, also constitute components of the larger human society. Between hostility and co-operation there is the issue of competition between these communities which could easily degenerate into social tension and eventual conflict. In the spirit of competition, each community endeavours to advance its own course, promoting its agenda without due regard for the needs and interest of the larger human society.[21]
[21] Cosmas Ebo Sarbah, Christian-Muslim Dialogue in Ghana: Competition or Co-operation?, E-Journal of Religious and Theological Studies, Vol. 1, No. 1, 2017, p.47
The BTI 2018 report quoted above further notes that religious differences can be exploited and this can ‘present a threat as the division between relatively rich and very poor is often aligned both geographically and religiously’.[22] The report continues:
While religious conflict, especially between the Muslim and Christian communities, is not a regular feature of Ghanaian society, the aggravating influence of economic challenges carries the danger of spill-overs.[23]
[22] Bertelsmann Stiftung, BTI 2018 Country Report Ghana, 23 March 2018, p.13
[23] Bertelsmann Stiftung, BTI 2018 Country Report Ghana, 23 March 2018, p.13
A 2019 BBC article has described an incident where a group of young Muslim men attacked a church in Accra (Ghana’s capital) after the church’s pastor had predicted the death of Ghana’s National Chief Imam in 2019.[24]
[24] BBC News, Ghanaian Isaac Owusu-bempah’s church stormed over prophecy, 3 January 2019
A September 2010 research report on Christian-Muslim relations in the central region of Ghana, with particular regard to traditional Akan[25] culture, noted that inter-faith marriages often lead to conversion, and there are cases where fathers disown children:
[..] Christian-Muslim marriages have become common among the Akan people not only because Christians and Muslims are now more exposed to each other in a pluralistic environment they find themselves, but also because the traditional society also permits and facilitates it. In other words, in an Akan society where, traditionally, religious background is not a prerequisite for marriage and the ultimate objective of marriage is alliance between families, it is not a surprise that Christian-Muslim marriages do often happen. Furthermore, interreligious marriage does not pose a problem in traditional Akan society because customs and tradition stipulate clearly the spiritual affiliation of both parties and the children. Traditionally, a person, male or female, worships his or her father’s god. Religion is one of the important cords linking a person to their father. And many fathers are not ready to let go this association to their children. In fact, fathers do not take it kindly when that religious association to their offspring breaks as a result of conversion or marriage. There are cases when fathers have disowned children for denouncing their religious tradition. Christian and Islamic denominations often demand religious background as a requirement for marriage. Often times it is required by the individuals.^[26]
[25] Encyclopaedia Britannica, Akan people, undated
[26] Cosman Justice Ebo Sarbah, A Critical Study of Christian-Muslim Relations in the Central Region of Ghana with Special Reference to Traditional Akan Values, PhD Thesis, University of Birmingham, September 2010, p.138
The Tribunal notes, however, that this article also refers to the pluralistic nature of Ghanaian society and the frequency of inter-faith marriage, which does not ‘pose a problem in traditional Akan society’. In general reports of conflict between Muslims and Christians are isolated and that generally there is tolerance of conversion, including inter-faith marriage. The applicant submitted that Islam allows marriage between a Muslim man and Christian woman, but not between a Muslim woman and a Christian man. While the applicant may be correct generally, the fact that conversions are common and acceptable in the community does illustrate that there is general tolerance although there are reported cases of ostracism. This generally tolerant attitude is reported on further in the sources cited below.
On 24 June 2016, when Ghana’s human rights records with regard to the International Covenant on Civil and Political Rights (ICCPR) were reviewed by the United Nations Human Rights Committee, freedom of religion or apostasy was not included in the list of issues that were reviewed.[27]
[27] United Nations Office of the High Commissioner of Human Rights, Ghana’s human rights record to be reviewed by UN Committee, 20 June 2016; United Nations Human Rights Committee, List of issues in relation to the initial report of Ghana, 4 December 2015
According to the 2018 USDOS report:
Muslim and Christian leaders reported continued regular dialogue between their respective governing bodies and the National Peace Council, an independent, statutory institution with religious reconciliation as part of its mandate. The council did not convene any formal meetings with religious figures. Faith leaders, however, reported sustained communication among themselves on religious matters and ways to address issues of concern or sensitivity.[28]
[28] United States Department of State, International Religious Freedom Report Ghana 2019, 2020, >
According to the BTI 2018 Country Report Ghana:
‘[t]he role and influence of religious leaders has been instrumental in fostering unity within certain strata of the population’.[29]
Bertelsmann Stiftung, BTI 2018 Country Report Ghana, 23 March 2018, p.13
In a speech delivered in April 2019, Ghana’s Vice President, Alhaji Dr Mahamudu Bawumia, stressed the importance of inter-faith dialogue, particularly between Ghana’s National Chief Imam and the Christian leaders, in maintaining a culture of religious tolerance in Ghana.[30] Other media sources also indicate inter-faith dialogue and religious tolerance.[31]
[30] Peace FM Online, Islam, Christianity Have More Similarities Than Differences – Bawumia, 23 April 2019
[31] Oasis Center, Ghana, if Islam Becomes an Enigma, 11 June 2018; Arab News, A Journey Through Islam: Muslims have come up well in Ghana,1 March 2013
In May 2019, the chief imam of Ghana attended a Catholic church service on his birthday to ensure that his legacy is peace and harmony.[32] A BBC article about this visit, noted that:
Ghana, where Muslims make up 18% of the population in the mainly Christian country, has no history of religious warfare. But relations can be fractious - and the imam has sought to douse any flare-ups.[33]
[32] BBC News, Ghana’s 100-year old imam who went to church, 12 May 2019, BBC News, Ghana’s 100-year-old imam who went church, 12 May 2019

(b) disregard any fear of persecution, or any persecution, that:
(i)the first person has ever experienced; or
(ii)any other member or former member (whether alive or dead) of the family has ever experienced;

where it is reasonable to conclude that the fear or persecution would not exist if it were assumed that the fear or persecution mentioned in paragraph (a) had never existed.
Note: Section 5G may be relevant for determining family relationships for the purposes of this section.

5L   Membership of a particular social group other than family
For the purposes of the application of this Act and the regulations to a particular person, the person is to be treated as a member of a particular social group (other than the person’s family) if:
(a)    a characteristic is shared by each member of the group; and
(b)   the person shares, or is perceived as sharing, the characteristic; and
(c)    any of the following apply:
(i)the characteristic is an innate or immutable characteristic;
(ii)the characteristic is so fundamental to a member’s identity or conscience, the member should not be forced to renounce it;
(iii)the characteristic distinguishes the group from society; and

(d) the characteristic is not a fear of persecution.

5LA Effective protection measures
(1)For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:
(a) protection against persecution could be provided to the person by:
(i)the relevant State; or
(ii)a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and

(b)   the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection.
(2)A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if:
(a)    the person can access the protection; and
(b)   the protection is durable; and
(c)    in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.
…

36    Protection visas – criteria provided for by this Act
…
(2)A criterion for a protection visa is that the applicant for the visa is:
(a)    a non-citizen in Australia in respect of whom the Minister is satisfied Australia has protection obligations because the person is a refugee; or
(aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) in respect of whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or
(b)   a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (a); and
(ii)holds a protection visa of the same class as that applied for by the applicant; or

(c) a non-citizen in Australia who is a member of the same family unit as a non-citizen who:
(i)is mentioned in paragraph (aa); and
(ii)holds a protection visa of the same class as that applied for by the applicant.

(2A)A non‑citizen will suffer significant harm if:
(a)    the non‑citizen will be arbitrarily deprived of his or her life; or
(b)   the death penalty will be carried out on the non‑citizen; or
(c)    the non‑citizen will be subjected to torture; or
(d)   the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
(e)    the non‑citizen will be subjected to degrading treatment or punishment.
(2B)However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
(a)    it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or
(b)   the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or
(c)    the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.
…

ATTACHMENT C
LIST OF DOCUMENTS PROVIDED BY APPLICANT

A letter from [Ms A], founder and leader of [Church 1] in Ghana, dated 13 May 2017. [Ms A] states that the applicant and his three friends completed a three-month introductory Bible Studies Program from May 2016 at the [Church 1], before they departed Ghana. The Minister states that the applicant and his friends were members of the Sunna Sect of Islam. She explained to them the consequences of their decision to leave their Muslim religion, and potential rejection and harm from their parents and members of the community. The Minister further stated that the group expressed fear for their lives due to threats of harm received from the community, Muslim leaders, and their parents. The Minister advised them to get in touch with the local church whilst in Australia. The letter repeats the applicant’s claims that they have lost support from their family, community and Islam people in Ghana.

A news article (undated) titled ‘[redacted]’, reporting on a clash between the Tijaniyya and Ahlul-Sunna Sects in the [Location 1] community in May 2016.

A news article titled ‘2 Islamic sects clash over Mosque in Akyem Tafo’, dated 11 February 2015 published by ‘Starr FM Online’, reporting on a fight between two Muslim sects over a Mosque in Akyem Tafo in the Eastern Region of Ghana.

A news article titled ‘Bloody clashes at Old Tafo; curfew imposed’ dated 10 February 2016, published by ‘Joy Online’ reporting that a curfew was imposed in Old Tafo in the Ashanti region after clashes between Muslim youth and traditional authorities over a piece of land.

A news article titled ‘Two injured in bloody Muslim, Christian clash at Kenyasi’ (undated) published by Ghana Web, reporting on violent clashes between Muslims and Christians at Kenyasi Abirem New Town in the Kawbre East District of the Ashanti Region.

A news article titled ‘Egypt Palm Sunday blasts kill 38’, dated 10 April 2017 published by The Australian reporting that ‘the Islamic State group has claimed responsibility for the bombing of two Egyptian churches in separate cities, which killed at least 38 people and injured more than 100’.

A news article titled ‘NPP Delta Force storms court; set suspects free’ dated 6 April 2017, published by Citi FM Online.

A news article titled ‘Judge runs for cover as Delta Force storm court; set accused free’ (undated) published by Ultimate FM Online.

A news article titled ‘Delta force attack: Ghana becoming lawless society – Casely-Hayford’ dated 26 March 2017, published by Citi FM Online.

A news article titled ‘UN condemns Delta Force attack on Kumasi court’ dated 11 April 2017, published by Citi FM Online.

A news article titled ‘Mahama pardons Montie 3’ dated 22 August 2016, published by Citi FM Online.

A news article titled ‘Montie FM panellist apologises after threatening to kill judges’, dated 2 July 2016, published by Citi FM Online.

A letter of support from [Mr F], Secretary of [Church 2] dated 18 August 2018 stating that the applicant began attending the church for Sunday morning services 12 months prior. The letter states that the applicant had become part of the Church family, regularly attends morning services and interacts with the congregation.

Copies of four Baptismal Certificates issued by the [Church 1] in Ghana [in] July 2016. The certificates were issued to the applicant and three others.

A letter of support from [Mr E], Elder of [Church 2], dated 10 August 2018.

A news article in the Christian Headlines dated 14 June 2019 titled ‘Muslim Father ‘ready to go to jail’ over Christian daughter’s conversion’, stating that a teenager was on the run after converting to Christianity because of fear her father would kill her.

A photograph of a church gathering.

A news article in Ghana Web dated 8 November 2019 titled ‘All Ghanaians need protection, not only you’, referring to protection required for all Ghanaians not just members of parliament.

Marriages: The Case of Muslims and Christians in Accra, Volume 19, Issue 1| February 2020,

Key Legal Topics

Areas of Law

Immigration
Administrative Law

Legal Concepts

Judicial Review
Procedural Fairness
Statutory Construction

Actions

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Citations

1916109 (Refugee) [2020] AATA 5083

Cases Citing This Decision

Cases Cited

Statutory Material Cited

DFQ17 v Minister for Immigration and Border Protection [2019] FCAFC 64

Minister for Immigration and Ethnic Affairs v Guo [1997] HCA 22

MZWMF v Minister for Immigration and Multicultural Affairs [2006] FCA 780

[2020] AATA 5083

17 November 2020

Key Legal Topics

Areas of Law

Immigration

Administrative Law

Legal Concepts

Judicial Review

Procedural Fairness

Statutory Construction