Ruling that the rejection of a Liberian national's refugee application was lawful

Who this helps

This may help people who want to see how a court treated a refugee claim based on fear of female genital cutting in the home country.

Case overview

Case number

2014구합12253

Court

Gwangju District Court

Posted on original board

Jul 20, 2015 (Mon)

Topic

Refugees

Original title (Korean)

2014구합12253 난민불인정결정취소

A foreign national from Liberia applied for refugee status with the head of the Gwangju Immigration Office. The person claimed that, because their mother is the No. 2 figure in a secret society that carries out female genital mutilation, they would undergo it if returned to Liberia. After the head of the Gwangju Immigration Office rejected the application, a lawsuit was filed to cancel that decision.

Was it lawful to reject a refugee application based on a fear of female genital cutting?

A Liberian national applied for refugee status with the head of the Gwangju immigration office. The applicant said their mother was the second-in-command of a secret society that carries out female genital cutting, so they would be cut if returned to Liberia. The head of the office refused the application, and a lawsuit asked the court to cancel that decision. The court found the refusal lawful.

How the court ruled

The court found the rejection of the refugee application lawful, for the following reasons. The applicant stayed a long time in another country before entering Korea but did not apply for refugee status there. It is hard to conclude that the applicant would certainly undergo female genital mutilation if returned to Liberia. The applicant appears able to ask the Liberian government for protection.

What to check in a similar situation

Information about how refugee applications are handled and how a refusal can be challenged is available from immigration offices and from the courts that hear such cases.

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

Terms explained

refugee status denial

A decision by an immigration authority to refuse to recognize a person as a refugee. In this case, a lawsuit asked the court to cancel that decision.

cancellation lawsuit

A lawsuit asking a court to cancel an administrative decision. Here, it targeted the refusal of the refugee application.

female genital cutting

A practice that the applicant said they feared being subjected to if returned to Liberia. It was the basis of the refugee claim.

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 and why?

A Liberian national filed it after the head of the Gwangju immigration office refused their refugee application. The suit asked the court to cancel that refusal.

How did the court decide?

The court found the refusal lawful. It noted that the applicant had stayed in another country for a long time before entering Korea without applying for refugee status. It also said it was hard to conclude that the applicant would certainly be cut if returned, and that the applicant seemed able to seek protection from the Liberian government.

Does this result apply to every similar case?

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