Mr Justice Barry O’Donnell in High Court notes assessing credibility of assertions about sexual orientation ‘undoubtedly’ sensitive and difficult
Mr Justice Barry O’Donnell at the High Court on Friday refused a divorced father-of-three’s request for him to overturn the International Protection Appeal Tribunal’s affirmation of a decision to refuse him refugee status and subsidiary protection. Photograph: Nick Bradshaw/The Irish Times
The judge said findings were made during the international protection process that impugned the credibility of the applicant’s accounts of persecution and his claim that he was gay. Ghana’s parliament had passed a bill last February seeking a prison sentence of up to three years for anyone convicted of “identifying” as LGBT+. Engaging in gay sexual acts was already an imprisonable offence.
He alleged that the tribunal legally erred in determining that his account was not credible, and had made findings based on an assumption about the experience of a gay man. Further, he claimed, the tribunal had breached principles of fair procedure by making findings about his credibility without putting them to him for a response.Mr Justice O’Donnell said the applicant told the tribunal he had been married and had three children.
The tribunal had further issues with his account of his relationship with the other man and of coming to realise he was gay, which was “entirely bereft of any of the thoughts, feelings and emotions that are commonly experienced”.
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