Ruling Revoking the Refusal to Recognize an Iranian National as a Refugee

Who this helps

This may help people who dispute a refugee decision because political activity or conversion abroad raises fears of persecution at home. It is a judgment on one Iranian plaintiff's case.

Case overview

Case number

2013구합56713

Court

Seoul Administrative Court

Date of judgment

Apr 25, 2014 (Fri)

Topic

Refugees

Original title (Korean)

이란 국적의 원고가 한 정치활동과 개종, 이와 관련한 이란의 상황 등을 토대로 원고에 대한…

The Iranian plaintiff engaged in anti-government political activities in Korea and also converted to another religion. A decision was made not to recognize the plaintiff as a refugee, and a lawsuit was filed against that decision.

Can political activity and conversion in Korea lead to refugee recognition?

The plaintiff took part in anti-government political activity in Korea and also converted. The refugee refusal was issued, and the plaintiff sued. The court found the activity enough to attract the Iranian government's attention. It also noted that Iran tracks down and represses people who criticize the government abroad, and revoked the refusal.

How the court ruled

The court found that the plaintiff's anti-government activities in Korea were enough to attract the attention of the Iranian government. It also noted that the Iranian government tracks down and persecutes even people who criticize it from abroad, and that this persecution is still continuing as of recently. The court therefore found that the plaintiff was likely to be persecuted because of those activities if returned to Iran, and revoked the decision refusing refugee status.

What to check in a similar situation

The reasons for a refugee refusal and the available challenge procedures can be checked with immigration offices and the competent court.

• Find your immigration office
• Find support centers
• Contacts: Immigration Contact Center 1345

Terms explained

refugee refusal decision

An administrative decision not to recognize someone as a refugee. In this case the court revoked it.

well-founded fear of persecution

An objectively reasonable basis to fear persecution if the person returns to the home country.

grounds arising after leaving the home country

Fear of persecution that arises from conduct in the country of residence after leaving home. The court held this can also support refugee recognition.

More rulings on this topic

• Court upholds refusal of refugee status, finding a family property dispute is not a ground for recognition · Jeju District Court
• Ruling that upheld the cancellation of refugee status granted on the basis of false statements · Seoul Administrative Court
• Ruling Cancelling Decision Not to Refer Guinean National's Refugee Application for Examination · Busan District Court

See all 29 rulings on Refugees →

Frequently asked questions

Who filed the lawsuit?

An Iranian plaintiff filed it, asking the court to revoke the decision refusing refugee recognition.

How did the court decide?

It found the anti-government activity enough to attract the Iranian government's attention. It judged persecution upon return likely and revoked the refusal.

Does this result apply as-is to similar cases?

No. It is a judgment on that case and does not apply as-is to other cases.