Court rules in favor of Tunisian asylum seeker over refugee status screening

INCHEON, A regional court ruled against the immigration office's decision not to review a refugee status application from a Tunisian asylum seeker who claimed he received death threats in his country after having unwanted sex with a homosexual boss, court records showed Wednesday. The Incheon District Court ordered the Incheon Airport Immigration Office to cancel its July 2023 decision not to review the asylum application from the Tunisian national and to shoulder the burden of litigation costs. The 33-year-old Tunisian applied for refugee status after he was denied entry into South Korea in June, but the airport immigration office refused to review the application, citing unclear reasons for his request. Under Article 5 of the enforcement decree of the Refugee Act, natives of a safe nation free from possibility of persecution or those who applied for refugee status solely for economic reasons are denied refugee status screening. The man filed an administrative lawsuit in October, claiming he received de ath threats in Tunisia after being involved in sexual relations with his homosexual boss at work, but no protective measures were taken by local police, and he could receive death threats again if he goes back to the country. The court said there was room for the plaintiff to be recognized as a refugee if he is persecuted in his home country over accusations of being homosexual, adding the possibility should be closely examined during the application review. The airport immigration office appealed to a higher court. Source: Yonhap News Agency