Supreme Court: "Decision Denying Refugee Status to Pakistani Couple Threatened with Honor Killing Must Be Overturned"

Supreme Court, Seocho-dong, Seoul.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The Supreme Court has ruled that a Pakistani student couple, who faced threats of 'honor killing' from their families for choosing spouses of different status and ethnicity, should be recognized as refugees.

According to the legal community on the 6th, the Supreme Court's Second Division (Presiding Justice Cho Jae-yeon) upheld the lower court's ruling in favor of Mr. A, a Pakistani national, in his appeal against the Incheon Immigration Office's decision to deny refugee status, by dismissing the appeal without oral argument.

Dismissing an appeal without oral argument is a system under the Act on Special Cases Concerning the Appeal Procedure in which the Supreme Court rejects an appeal without reviewing the merits if there is no significant legal error or grounds for appeal as stipulated by law, except in criminal cases.

Mr. A, who was studying in Korea, returned to his home country in 2016, promised to marry Ms. B, but faced strong opposition from her family and applied for refugee status in Korea.

The couple claimed that Ms. B was kidnapped, beaten, and threatened with murder by her family in their home country. Although Mr. A sought relief from the local court, it was said that the police officers who accepted bribes instead aided Ms. B's family.

Despite having come to Korea, giving birth to, and raising children, Ms. B's family still threatens, saying they will "come to Korea." In Pakistan, women choosing their own marriage partners without family consent is considered a dishonor to the family's honor, often resulting in 'honor killings.'

However, the Immigration Office rejected the refugee application of Mr. A's family, citing reasons such as Mr. A having sought employment in Korea and his relatives having a history of applying for refugee status to extend their stay.

In the lawsuit filed by Mr. A to cancel the decision denying refugee status, the first trial court upheld the authorities' decision, but the second trial court ruled in favor of the couple.

At that time, the second trial court stated, "Forcing marriage against one's will, preventing marriage to a chosen partner, or forcing divorce all deprive individuals of their personal rights, pursuit of happiness, and sexual self-determination rights, constituting a serious and fundamental violation of human dignity."

The Supreme Court also agreed with the lower court's judgment and dismissed the immigration authorities' appeal.

This content was produced with the assistance of AI translation services.