INCHEON — The Incheon District Court has overturned a decision by the Incheon Airport Immigration Office, which had previously declined to review a refugee status application filed by a Tunisian national seeking asylum in South Korea. The court's ruling mandates that the immigration office reconsider the application and covers the litigation costs incurred by the applicant. The Tunisian, aged 33, sought asylum following denial of entry into South Korea in June, facing rejection from the immigration office without clear justification.
According to Yonhap News Agency, the applicant claimed to have received death threats in Tunisia after being sexually involved with his homosexual boss, an act that led to no protective action from local authorities. Under the current enforcement decree of the Refugee Act, applications from individuals from countries considered safe or those seeking refugee status for economic reasons are typically dismissed. However, the applicant's lawsuit, filed in October, argued for the legitimacy of his claim, highlighting the risk of further death threats upon his return due to the perceived homosexual implications of his situation.
The court recognized the potential for persecution based on accusations of homosexuality, suggesting a thorough examination during the review of the asylum application. This decision reflects a notable consideration for the complexities surrounding individual asylum claims, particularly those involving sexual orientation and perceived threats in the applicant's home country. The Incheon Airport Immigration Office has appealed the ruling, indicating ongoing legal deliberations over the case.