The Osaka District Court on Thursday revoked the immigration agency’s decision not to grant refugee status to a gay man from North Africa who faces persecution in his home country.
“If he returns home, he could be arrested or prosecuted,” said court president Atsushi Tokuchi, who supported the plaintiff in his 30s, who lives in the Kinki region.
According to his lawyers, this is the second case in Japan in which a sexual minority has been declared a refugee in a lawsuit because of the threat of persecution.
The man came to Japan in December 2019 and applied for refugee status the following month. However, the Osaka Regional Immigration Services Bureau decided not to grant him the status in February 2021.
The man filed the lawsuit in July 2022, alleging that same-sex sexual intercourse is punishable by prison under his home country’s criminal code, and that he could be killed by his family because of his sexual orientation.
“In his country, LGBT people are at risk of violence from third parties, including police officers,” said the ruling, which was read out on Tokuchi’s behalf by another judge.
The court ruled that the applicant was entitled to recognition as a refugee because he had almost been killed by his family and would be in danger if he returned home.
During a press conference after the verdict, the man said he felt happy after having had a hard time for years.
The Immigration Services Agency said it will respond appropriately after carefully reviewing the ruling.
