Ruling dismissing suit to cancel refugee refusal in claim of persecution over homosexuality

Who this helps

This may help people who want to see how a court handled a refugee claim based on fear of persecution over homosexuality and a family conflict. It reflects only this one case.

Case overview

Case number

2022구단2669

Court

Daegu District Court

Date of judgment

Feb 22, 2023 (Wed)

Topic

Refugees

Original title (Korean)

동성애적 성향으로 인해 본국에서 박해를 받을 우려가 있다는 이유로 난민인정신청을 하였으나…

The applicant said they had been in a relationship with a same-sex partner, that their family found out, and that a few months later the family expelled them from home. They argued that they risked persecution if they returned to their home country and therefore qualified as a refugee. After being refused refugee status, they sued to cancel the decision as unlawful.

Can a refugee refusal be cancelled if the applicant says family hostility over homosexuality caused the fear of persecution?

The applicant said that a same-sex relationship became known to family, who later forced the applicant out of the home. The applicant argued this meant a risk of persecution on return and that the refusal was unlawful. The court looked at whether the stated reason fit the refugee grounds and whether the applicant could avoid the threat inside the home country. It also looked at the applicant's trips back to the home country after applying.

How the court ruled

The court dismissed the claim. The only persecution alleged was expulsion from home for being gay, and the court found this was not persecution based on race, religion, nationality, membership of a particular social group, or political opinion. Even if there were family threats, an adult applicant appeared able to relocate within the home country. After applying, the applicant twice returned home, re-entered Korea, and said in the refugee interview there was no particular problem during those visits. The applicant did not appear to have fled to escape persecution, so the decision was lawful.

What to check in a similar situation

Details on how refugee status decisions are made can be checked with the immigration and foreign nationals office that handled the application. Information on lawsuits to cancel such decisions can be checked with the court.

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

Terms explained

Refugee recognition

Official status given to a person who has a well-founded fear of persecution for reasons such as race, religion, nationality, membership of a particular social group, or political opinion.

Persecution

Serious harm or threats that a person faces for one of the recognized refugee grounds. In this case, the court did not see being expelled from home as meeting that standard.

Dismissal of a claim

A court decision that does not accept the plaintiff's request. Here, the refusal of refugee status was left in place.

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 foreign national who had applied for refugee status and was refused. The person said that returning home would risk persecution because of homosexuality.

How did the court decide?

The court dismissed the claim. It said being expelled from home did not amount to persecution on a recognized refugee ground, and that an adult could apparently move elsewhere in the home country. It also noted two trips home after applying, with no particular problems reported in the interview.

Does this result apply to every similar case?

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