Ruling dismissing Nigerian nationals' suit to cancel the refusal to recognize them as refugees

Who this helps

This may help people curious about how a court looked at fear of persecution in a case challenging a refusal to recognize refugee status.

Case overview

Court

Seoul High Court

Date of judgment

Nov 19, 2009 (Thu)

Topic

Refugees

Original title (Korean)

난민 인정 요건인 '박해에 대한 공포'와 그 입증책임

The plaintiffs, Nigerian nationals, entered Korea in 2006 and then applied to the Minister of Justice for refugee recognition. The Minister of Justice did not recognize them as refugees, stating that it could not be found that they had a well-founded fear of persecution, which is a requirement for refugee status. The plaintiffs filed a suit seeking cancellation of this decision.

Can the evidence submitted by refugee applicants alone establish a fear of persecution?

The plaintiffs, Nigerian nationals, entered Korea in 2006 and applied for refugee recognition. The Minister of Justice did not recognize them, saying a well-founded fear of persecution could not be found. The plaintiffs sued to cancel that decision. The appeals court considered their claim to be general members of an organization and found the evidence and fact-inquiry results insufficient.

How the court ruled

The appellate court found that the submitted evidence and the results of the fact-finding inquiries alone were not enough to conclude that the plaintiffs, who claimed to be ordinary members of an organization, had a well-founded fear of persecution by the Nigerian government. It also found no other evidence to establish this. It therefore held that the first-instance judgment dismissing the plaintiffs' claim was correct, and dismissed all appeals.

What to check in a similar situation

Information about refugee screening and decisions can be checked with immigration and foreigner offices and with the courts.

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

Terms explained

Refugee recognition

The procedure in which the state recognizes a person as meeting the refugee requirements.

Fear of persecution

A well-founded fear of being persecuted. It was the key requirement in this ruling.

Fact inquiry

When a court asks an institution to confirm facts it needs.

Dismissal of appeal

A higher court does not accept the appeal and keeps the earlier ruling as it is.

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 suit?

Nigerian nationals who entered Korea in 2006. They asked the court to cancel the decision not to recognize them as refugees.

How did the court rule?

It found that the evidence and fact-inquiry results were not enough to show a well-founded fear of persecution. It held the first-instance judgment dismissing the claim to be correct.

Does this result apply as is to similar cases?

No. It is a judgment based on the evidence in that case and does not apply as is to other cases.