Mr. Justice Barry O'Donnell dismissed the appeal of the man, a divorced father-of-three, who had challenged the International Protection Appeal Tribunal's decision to deny him refugee status and subsidiary protection.
Justice O'Donnell noted that the international protection process had cast doubt on the credibility of the applicant's claims of persecution and his assertion of being gay. While acknowledging the sensitivity of assessing claims related to sexual orientation, the judge affirmed that such evaluations are necessary and must adhere to appropriate standards.
The tribunal recognised the severe discrimination and homophobia that gay men face in Ghana, where violent homophobic attacks are common. However, it found the applicant's narrative—featuring a marriage, three children, a divorce in 2017, and a subsequent relationship with a man in 2018—to be "unexpected and unusual" given the context of widespread intolerance in Ghana.
The applicant arrived in Ireland in February 2020, seeking international protection. Following an interview with the International Protection Office 26 months later, he was denied refugee status, subsidiary protection, and leave to remain in June 2022. The tribunal upheld this decision in November 2022, leading to the judicial review proceedings at the High Court.
The man argued that the tribunal had erred legally by deeming his account not credible and relying on assumptions about the experiences of gay men.
He also contended that the tribunal had violated fair procedure principles by making credibility findings without giving him a chance to respond.
Despite these claims, the tribunal maintained that its decision was lawful, fair, and reasonable.
Justice O'Donnell concluded that the tribunal's findings were based on a thorough examination of the facts and that the applicant had been given ample opportunity to clarify his situation. Thus, the tribunal's decision was upheld as lawful.