In a recent ruling, the High Court in Ireland upheld a tribunal’s decision to reject the asylum claim of a Ghanaian man who asserted persecution based on his sexual orientation.
Mr. Justice Barry O’Donnell dismissed the man’s appeal challenging the International Protection Appeal Tribunal’s refusal of refugee status and subsidiary protection. The court acknowledged the sensitivity of evaluating claims related to sexual orientation but affirmed the necessity of adhering to rigorous standards in such assessments.
While recognizing the prevalence of discrimination and homophobia faced by gay men in Ghana, where violent attacks are frequent, the tribunal found aspects of the man’s narrative—such as his marriage, children, divorce in 2017, and subsequent relationship with a man in 2018—to be atypical given the country’s widespread intolerance.
The man arrived in Ireland in February 2020 seeking asylum and underwent interviews with the International Protection Office over the next 26 months. In June 2022, he was denied refugee status, subsidiary protection, and leave to remain. The tribunal upheld this decision in November 2022, leading to judicial review proceedings in the High Court.
Despite the man’s arguments that the tribunal had erred in its credibility assessment and procedural fairness, Justice O’Donnell affirmed that the tribunal’s decision was lawful and reasoned. He concluded that the tribunal had conducted a thorough examination of the facts and had afforded the applicant sufficient opportunity to clarify his circumstances.
Ultimately, the High Court upheld the tribunal’s decision, underscoring the complexities involved in assessing asylum claims based on sexual orientation amidst challenging international standards.