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TITLE Seoul High Court Decision 2021Nu34345 Decided April 19, 2022: Appeal to the Supreme Court [full Text]
Summary
¡¼Main Issues and Holdings¡½ This case concerns applications for recognition of refugee status filed by A, her spouse B, and their minor child C, all of whom are nationals of the Islamic Republic of Pakistan, on the grounds that they had a ¡°well-founded fear of being persecuted¡± by A¡¯s family or others if they were to return to Pakistan, as A and B entered into a love marriage against the wishes of A¡¯s family. The competent immigration office issued dispositions denying refugee status for A, B, and C. In this case, concluding that A, a woman of marriageable age in Pakistan who entered into a love marriage with a partner of a different tribal background or caste against her family¡¯s wishes, and B, her spouse, are individuals who have a well-founded fear of being persecuted by A¡¯s family or others if they were to return to Pakistan is reasonable. Furthermore, there exists a humanitarian need to grant refugee status to the minor child of A and B under the principle of family unity. Therefore, the said dispositions were unlawful.
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