Supreme Court gives leeway to refugee applicants

Posted on : 2012-05-08 14:06 KST Modified on : 2012-05-08 14:06 KST
Court advises against denying applications due to minor discrepancies

By Yeo Hyun-ho, senior staff writer 
The Supreme Court has ruled that refugee applications should not be denied based on discrepancies or exaggerations discovered in the applicant‘s statements on May 7.
The court’s second division under Justice Lee In-bok overturned a lower court ruling against Aby Zirignon Philomene, a 48-year-old from Cote d’Ivoire who filed suit against the Justice Minister to have the denial of her refugee status overturned. Philomene said she faced threats her life from the country’s rebel army if she returns to Cote d’Ivoire.
The Supreme Court sent the case back to Seoul Court of Appeals.
The Supreme Court’s ruling stated, “When judging a refugee applicant‘s statement, one should not immediately dispute its credibility because of some discrepancies or exaggerations.
"The overall consistency and credibility should be evaluated while considering the psychological anxiety or mental shock of the persecution experience, as well as the historical and cultural background," the statement reads.
It added, "Once past persecution has been acknowledged, refugee status should not be denied solely on the basis of temporary measures such as a peace agreement that have been adopted."
The district court and the Court of Appeals ruled against Philomene, citing slight changes to her account and saying a peace agreement signed with the rebel army meant she no longer faced the threat of persecution.
Observers are now watching to see if the ruling leads to expansions in the country’s recognition of refugee status.
 
Please direct questions or comments to [english@hani.co.kr]
 

Most viewed articles