Unexpected kind error with type family and phantom datatype

{-# LANGUAGE TypeFamilies #-}
{-# LANGUAGE RoleAnnotations #-}

class ToList l where
  type Item l
  toList :: l -> [Item l]

type role Foo nominal
data Foo a = Foo --  a

instance ToList (Foo a) where
  type Item (Foo a) = a
  toList Foo = []

Error:

Expected a type, but ‘a’ has kind ‘k’ ‘k’ is a rigid type variable bound by a family instance declaration

Explicit role specification of the type parameter doesn't affect anything. Once Foo is redefined as follows

data Foo a = Foo a

The error disappears.

GHC 9.2.4