Ruling recognizing refugee status of an Iranian national on religious grounds

Who this helps

This may help people curious about refugee cases based on religion. It shows how the court viewed a person whose earlier lawsuit had been lost with finality.

Case overview

Case number

2020구단19418

Court

Seoul Administrative Court

Posted on original board

Jun 8, 2021 (Tue)

Topic

Refugees

Original title (Korean)

[난민] 아들의 난민신청과정에서 청와대 청원, 언론보도 등으로 기독교 개종사실이 널리…

This case concerned the refugee status of an Iranian national. During the son's refugee application process, the fact that the person had converted to Christianity became widely known. The person has a minor son who was recognized as a refugee, and there was also a past record of a final loss in a lawsuit to cancel a refugee non-recognition decision.

Can refugee status be recognized even after an earlier refugee lawsuit was lost with finality?

This case disputed the refugee status of an Iranian national. An earlier lawsuit to cancel a refugee refusal had been lost with finality. The court found that the conversion to Christianity had become widely known and could draw the attention of Iranian authorities. It also cited a humanitarian reason: the need to protect the right to family unity with a minor son recognized as a refugee.

How the court ruled

The court found that the conversion was widely known and could attract the attention of the Iranian authorities. It also cited humanitarian reasons, namely the need to protect the person's right to family unity with the minor son, who had been recognized as a refugee. Despite the past record of a final loss, the court recognized the religious refugee status of the Iranian national.

What to check in a similar situation

Information about refugee procedures and decisions, and how to challenge them, can be confirmed with immigration and foreign-resident offices and the courts.

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

Terms explained

Refusal of refugee recognition

A decision by an administrative body not to accept a refugee application.

Right to family unity

The right of family members to live together without being separated.

Humanitarian reason

A reason that looks at a person's situation and family circumstances, beyond the wording of the law alone.

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

What was the case about?

It was about the refugee status of an Iranian national. During the son's refugee application, the conversion to Christianity became widely known.

How did the court decide?

The court recognized the Iranian national's refugee status on religious grounds. It cited the possible attention of Iranian authorities and the right to family unity.

Does this result apply directly to similar cases?

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