Ruling revoking a refugee non-recognition decision against an Ethiopian national as unlawful

Who this helps

This may be a useful reference for people who applied for refugee status citing fear of persecution for political opinion and received a non-recognition decision.

Case overview

Case number

2018누68676

Court

Seoul High Court

Date of judgment

Apr 3, 2019 (Wed)

Topic

Refugees

Original title (Korean)

에티오피아의 정치적 상황, 에티오피아 집권당의 자국민 감시 현황, 에티오피아 내에서 원고의 행적,…

A plaintiff of Ethiopian nationality applied for refugee status, but the Head of the Seoul Immigration Office issued a refugee non-recognition decision. A lawsuit was filed against that decision.

Can a refugee non-recognition decision be unlawful when there is a fear of persecution over political activity?

An Ethiopian national applied for refugee status, but the head of the Seoul immigration office issued a non-recognition decision. The plaintiff had been an opposition party member in Ethiopia and took part in Ginbot7 activities after arriving in Korea. The dispute was whether the decision was unlawful. The court found a well-founded fear that the plaintiff could be persecuted for political opinion.

How the court ruled

The court examined the political situation in Ethiopia, the ruling party's surveillance of its citizens, the plaintiff's activities inside Ethiopia and after entering Korea, the surveillance of the plaintiff's family and friends, and the degree of persecution and fear the plaintiff experienced. It found that the plaintiff has a well-founded fear of being persecuted on account of political opinion. It therefore judged the refugee non-recognition decision to be unlawful and revoked it.

What to check in a similar situation

Details on refugee status examination and on challenging a non-recognition decision can be confirmed with immigration offices and the courts.

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

Terms explained

Refugee non-recognition decision

A decision by an administrative body that an applicant is not recognized as a refugee.

Well-founded fear

A fear of persecution that is supported by the surrounding circumstances.

Political opinion

One of the grounds of persecution relevant to refugee recognition, and the ground at issue in this case.

Revocation of a decision

A court finds an administrative decision unlawful and removes its effect.

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?

An Ethiopian national who applied for refugee status and received a non-recognition decision.

How did the court rule?

It considered the political situation in Ethiopia, the plaintiff's activities, and government monitoring of family and friends. It found the decision unlawful and revoked it.

Does this result apply directly to similar cases?

No. It is the court's judgment in that case and does not apply directly to other cases.