September 26, 2025
SEOUL – A South Korean court recently ruled in favor of a Guinean man, who challenged the Ministry of Justice’s decision to dismiss his request for refugee status determination.
The Busan District Court said the head of the Gimhae Airport Immigration Office must cancel the decision not to process the man’s application for refugee status.
The plaintiff, who is in his 30s, reportedly applied for refugee status after arriving at Gimhae Airport in Busan on April 27. The Justice Ministry, however, decided not to refer his case for examination.
In response, the man refused to return to his home country and has since remained in a temporary holding area in the airport for those denied entry.
The man claimed refugee status, saying he fled political persecution in Guinea after participating in protests against the military dictatorship.
But the ministry did not move ahead with the refugee screening process as it found the plaintiff’s statements lacked credibility.
The man filed a lawsuit against the airport’s immigration office with assistance from local human rights organizations.
“Although we won in the first trial, we need to wait and see whether the Justice Ministry will file an appeal,” the plaintiff’s legal representative was quoted as saying by Yonhap News Agency.
Local human rights groups have also raised concerns about the man’s treatment at the airport, claiming a clear human rights violation.
According to the organizations, including the Joint Committee for Migrant Rights and Human Rights, the plaintiff received a burger for every meal. They say the Refugee Act states that basic food, clothing and shelter shall be provided to applicants in the airport’s holding area.
The human rights group also raised the concern that the plaintiff is expected to remain in the airport’s holding area until the final ruling is made in a higher court.
Refugee applicants at Incheon Airport whose cases are not referred are reportedly transferred to a waiting facility outside the airport if they appeal and win their cases in the first trial. Gimhae Airport has no such designated facility.
