The applicant, a citizen of Ghana, sought judicial review of a Refugee Appeal Division (RAD) decision confirming that he is neither a Convention refugee nor a person in need of protection.
The applicant feared persecution based on his sexual orientation, but the RAD dismissed his appeal on credibility grounds.
On judicial review, the applicant did not challenge the credibility findings but argued the RAD failed to assess his risk based on perceived sexuality.
The Court dismissed the application, finding that the applicant failed to explicitly raise the issue of perceived sexuality before the RAD, and that the RAD was not required to address it given the negative credibility findings.
