1916109 (Refugee)

The applicant, a person from Ghana with a Muslim background, sought a protection visa. The dispute concerned whether the applicant had a well-founded fear of persecution based on his conversion to Christianity. The decision under review was made by the Administrative Appeals Tribunal, following a remittal from the Federal Circuit Court.

The legal issues before the Tribunal were whether the applicant had genuinely converted to Christianity and, if so, whether he would face persecution in Ghana due to his conversion. This involved assessing the applicant's credibility, particularly in light of inconsistencies with information provided in his initial visa application and the Department's assessment of his knowledge of Christianity. The Tribunal also had to consider country information regarding the general tolerance for Christianity and conversions in Ghana, and whether the applicant had suffered harm since his alleged conversion.

The Tribunal considered evidence from the applicant, including his account of growing up Muslim, his exposure to Christianity through his performance group, his secret attendance at church meetings, and the warnings he received from his family and community. The Tribunal noted that while the applicant claimed his family had warned him they were ready to harm him, he had not actually suffered any harm. The Department had previously not accepted the applicant's claim of being Christian due to his basic knowledge of the religion and the similarity of his claims to others. The Tribunal also noted that the applicant's family continued to plead with him to reconsider his conversion and had turned against him, but again, no harm had been suffered. The Tribunal's reasoning focused on the lack of credible evidence of genuine conversion and the absence of any harm suffered or a real chance of harm occurring due to his religious beliefs, despite general warnings.

The Tribunal affirmed the decision under review, finding that the applicant had not established a well-founded fear of persecution.