Ruling cancels refusal of refugee status for a family who said they were detained and tortured for political reasons

Who this helps

This may help people curious about a case where a family applied for refugee status, saying they were detained and tortured for political reasons in their home country.

Case overview

Case number

2019누12349

Court

Gwangju High Court

Posted on original board

Jun 19, 2021 (Sat)

Topic

Refugees

Original title (Korean)

출신국에서 정치적 이유로 감금 및 고문을 당하였다고 주장하는 원고들의 주장을 받아들여…

A family who claim they were detained and tortured in their home country for political reasons applied for refugee recognition. The Head of the Gwangju Immigration Office issued a decision not to grant it. The family filed a lawsuit, and in the first trial their claim was dismissed.

Why was the refusal of a family's refugee application, based on claimed political detention and torture, cancelled?

The family said they were detained and tortured for political reasons in their home country, and applied for refugee status. The head of the Gwangju immigration office refused, and the first-instance court dismissed their claim. The Gwangju High Court found their statements fairly consistent and persuasive. It also found the persecution supported by objective evidence.

How the court ruled

The court found the family's statements about the persecution fairly consistent and persuasive, and therefore credible. It said the persecution was also supported by objective evidence, and that it is hard to conclude that the situation in the home country had changed so greatly that the possibility of persecution had clearly disappeared. It therefore cancelled the first trial's judgment dismissing the claim, and cancelled the decision refusing refugee status.

What to check in a similar situation

The handling of a refugee application and the court procedure for challenging a refusal can be checked with immigration offices and the courts.

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

Terms explained

refusal of refugee status

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

first instance

The court that first judges a lawsuit. Here, it dismissed the family's claim.

persecution

Serious harm in the home country, such as detention or torture.

cancellation of a decision

When a court removes the legal effect of a decision made by an administrative body.

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 family who said they were detained and tortured for political reasons in their home country. They challenged the refusal by the head of the Gwangju immigration office.

How did the court rule?

The Gwangju High Court found the family's statements fairly consistent and persuasive. It said the persecution was supported by objective evidence and that it was hard to say conditions had changed so much that the risk clearly disappeared. It cancelled the refusal.

Does this result apply to all similar cases?

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