A High Court in Ireland has upheld a decision by the International Protection Appeal Tribunal to deny refugee status and subsidiary protection to a Ghanaian man who claimed he faced persecution as an openly gay individual back home.

Mr. Justice Barry O’Donnell dismissed the appeal of the divorced father-of-three, highlighting that the tribunal's rejection of his refugee claim was neither unreasonable nor irrational.

The tribunal had expressed doubts about the credibility of his accounts of persecution and his assertion of being openly gay.

Acknowledging the sensitivity of assessing claims related to sexual orientation, Mr. Justice O’Donnell emphasized the necessity of thorough evaluation in such cases.

He noted that while Ghana poses risks of severe discrimination and homophobia against gay men, the tribunal had diligently scrutinized the applicant's narrative against established standards.

The tribunal found aspects of the applicant's story, including his previous marriage, children, divorce, and subsequent relationship with a man, to be unconventional given Ghana's societal norms.

Despite arriving in Ireland seeking international protection in February 2020 and undergoing interviews over the following 26 months, he was denied status in June 2022, a decision later upheld in November 2022.

The man argued in judicial review proceedings that the tribunal's credibility findings were legally flawed and based on assumptions about gay men's experiences, claiming procedural unfairness.

However, Mr. Justice O’Donnell concluded that the tribunal had acted lawfully, fairly, and reasonably, providing ample opportunity for the applicant to clarify his circumstances before making its decision.