2205397 (Refugee)

This matter concerned an application for a protection visa by a Ghanaian national. The applicant claimed he feared persecution upon return to Ghana due to his alleged bisexuality, which he claimed had led to the breakdown of his marriage and public disclosure of his sexual orientation on social media. He asserted that Ghana's stance against homosexuals and the encouragement of attacks on LGBTQ+ individuals would result in harassment, detention, imprisonment, and stigmatisation. The case was heard by Sean Baker, a member of the Tribunal.

The central legal issue before the Tribunal was whether the applicant had established a well-founded fear of persecution or a real risk of significant harm if returned to Ghana, thereby satisfying the criteria for a protection visa under the Migration Act 1958. This required the Tribunal to assess the applicant's claims regarding his sexuality, the extent to which these claims were credible, and whether the alleged risks in Ghana constituted persecution or significant harm as defined by the Act.

The Tribunal considered the applicant's claims in light of the 'Refugee Law Guidelines' and 'Complementary Protection Guidelines'. It found that while the applicant was a national of Ghana, his claims lacked credibility. The Tribunal noted the lack of detail regarding his claimed homosexual relationships and concluded that the applicant was not homosexual or bisexual, and that his claims appeared fabricated. Consequently, the Tribunal determined that the applicant did not meet the criteria for a protection visa, either as a refugee or under the complementary protection provisions.

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