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| TITLE | Jeju District Court Decision 2024GuHap6572, dated February 18, 2025: Appeal [full Text] |
|---|---|
| Summary | |
| [Main Issues and Holdings] Party A, etc., who are citizens of Tanzania who are also homosexual, departed from Tanzania and arrived in the Republic of Korea without a visa. During the border inspection, Party A, etc., were informed by the head of the competent immigration office that they would be repatriated back to Tanzania on the grounds that the purpose of entry and their qualifications for entry do not match, at which time Party A, etc., applied for refugee status. The head of the competent immigration office subsequently issued a disposition denying referral to refugee status screening on the grounds of “intending to obtain refugee status by concealing the truth by means of submitting false documents, etc.,” under Article 5(1)3 of the Enforcement Decree of the Refugee Act and “the refugee status applications being manifestly unfounded, such as by applying for refugee status only for economic reasons” under Article 5(1)7. The Court determined that this disposition was unlawful as it was difficult to view the application of Party A, etc., as falling under Article 5(1)3 or Article 5(1)7 of the Enforcement Decree of the Refugee Act. | |
