Judgment dismissing a Pakistani national's lawsuit to cancel a refugee non-recognition decision

Who this helps

This may help people curious about how a claim of religious persecution is assessed in a lawsuit to cancel a refugee non-recognition decision.

Case overview

Court

Cheongju District Court

Date of judgment

Jul 24, 2008 (Thu)

Topic

Refugees

Original title (Korean)

○[행정] 파키스탄 국적인 원고가 난민불인정결정의 취소를 구한 사안에서, 원고가 종교를 원인으로 박해를 받을 충분한 근거 있는 공포로…

A foreign national from Pakistan applied for refugee recognition but was refused, and an objection filed with the Minister of Justice was also dismissed. The person, a Shia Muslim, claimed to have been shot at and threatened with death by a radical Sunni Muslim group, and said there is a risk of persecution because of religion if returned. The person therefore filed a lawsuit seeking cancellation of the refugee non-recognition decision.

Can a claim of religious persecution alone get a refugee non-recognition decision cancelled?

The plaintiff, a Pakistani national, said he was a Shia Muslim. He claimed a radical Sunni group shot at him and threatened to kill him, and that he could face persecution if he returned. The court found no evidence that the people who threatened him were that group. It also found that Pakistan has a judicial system for relief and that he could avoid the threat by moving to another area. The court also doubted his motive for applying for refugee status.

How the court ruled

The court dismissed the claim. It found the evidence insufficient to recognize that the person cannot receive the protection of the home country because of a well-founded fear of persecution on religious grounds. It held that there was no evidence to conclude that the people who made the threats were that Sunni group, that Pakistan has a judicial system through which harm can be remedied, and that the person could avoid the threats by moving to another area. The court also said the motive for the refugee application was doubtful.

What to check in a similar situation

The result of a refugee application, the handling of an objection, and the progress of a lawsuit can be confirmed with the immigration office and the competent court.

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

Terms explained

Refugee non-recognition decision

An administrative decision that rejects an application for refugee recognition.

Well-founded fear of persecution

A fear of persecution, for example for religious reasons, that is backed by objective grounds.

Objection

A request to the Minister of Justice to review a refugee non-recognition decision again.

Dismissal

A court's refusal to accept a claim because it finds the claim without merit.

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 brought the lawsuit?

A Pakistani national sued to cancel the refugee non-recognition decision. His earlier objection had also been dismissed.

How did the court rule?

It dismissed the claim. It found too little evidence that he could not receive his home country's protection because of a well-founded fear of religious persecution.

Does this result apply as-is to similar cases?

No. It is the court's judgment in this case and does not apply as-is to other cases.