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| TITLE | Seoul High Court 2022Nu31961 Decided October 18, 2022: Appeal 【Revocation of Refugee Disapproval Decision】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In the case where: (a) transgender A, a Muslim of Malaysian nationality, entered the Republic of Korea with a visa exemption (B-1) status and applied for refugee status to the Director of the Regional Immigration and Foreign Affairs Office; (b) the Director made a decision not to recognize A as a refugee on the grounds that it does not constitute “well-grounded fear of being persecuted” as stipulated in Article 1 of the 1951 Convention Relating to the Status of Refugees, etc.; (c) the gender identity of A as a transgender person constitutes “a member status of a specific social group” under the Refugee Act; (d) the threat of A constitutes persecution as stipulated in the Refugees Convention; and (e) at the time of the above disposition, A can be deemed to have “well-grounded fear of being exposed to persecution upon returning to the country of nationality,” and thus, the above disposition is unlawful. | |
