The High Court has ruled that the dismissal of a claim by a Ghanaian man stating he was an openly gay individual and consequently persecuted was not unjust or illogical. Justice Barry O’Donnell rejected the plea put forth by the man, a divorced parent of three children, on Friday to counter the International Protection Appeal Tribunal’s confirmation of his refugee status and supplementary protection denial.
During the international protection process, the justice noted there were findings discrediting the man’s accounts of persecution and his assertion of his homosexuality. The tribunal had laboriously strived to evaluate the claim by setting the necessary criteria, the justice said, adding that the authenticity of declarations about sexual preference was undoubtedly sensitive and challenging, but necessary to determine.
Justice O’Donnell stated that the tribunal recognised homosexual men could encounter severe discrimination and homophobia in Ghana, where homophobic violence is a commonplace. The Ghanaian parliament had legislated a bill last February, which recommended a prison term of up to three years for anyone found guilty of self-identifying as an LGBT+. Laws were previously in place punishing engagement in homosexual activities with imprisonment.
Having arrived in Ireland in February 2020, the man immediately requested international protection at Dublin Airport. 26 months later, he was summoned for an interview with the International Protection Office, and by June 2022 his plea for refugee status, supplementary protection and permission to reside were rejected.
This decision was sustained by the tribunal in November 2022, prompting the man to begin judicial review proceedings in the High Court against this refusal the succeeding month. He contended that the tribunal had made a legal mistake in judging that his story was not believable. He also declared that the tribunal had violated principles of an equitable trial by rendering judgments on his credibility without seeking his rebuttal. The tribunal, in turn, defended its ruling, claiming it to be legitimate, impartial, and reasonable.
Justice O’Donnell reported that the individual had informed the tribunal that he was previously married and fathered three children. Following his divorce in 2017, he lost interest in women and was introduced to homosexuality by a man he met the following year, according to his statement.
He stated that he decided to explore this new aspect of his sexuality and moved in with the aforementioned man, finding the arrangement to his liking and losing interest in women. His family’s reaction was one of disgust, leading him to feel ostracised, and he reported facing attacks three times in Ghana between 2017 and 2020.
However, his account raised substantial uncertainty within the tribunal due to numerous unresolved issues, leading them to question his credibility and reject his claims of persecution. They considered his carefree entry into an openly gay relationship despite prevalent bigotry and suppression to be “unforeseen and unique.”
The tribunal also had concerns regarding his explanation about his new relationship and his journey to discover his homosexuality. His account was said to be entirely lacking in the usual sentiments and emotional experience.
Justice O’Donnell firmly dismissed any notion that the tribunal’s judgement was flawed because it was based on guesswork or stereotypes. He said their determinations resulted from a thorough review of the facts and generous opportunities given to the man to clarify his stance. He therefore concluded that the tribunal’s verdict was legally sound.