A Japanese court ordered Thursday that the government grant refugee status to a gay man from a North African country, ruling against immigration authorities as he could be prosecuted in his home nation.

The man in his 30s came to Japan in December 2019, leaving his Islamic home country where having a relationship with a same-sex partner is banned by law, with violators facing arrest and prosecution.

There is "a realistic fear he could be harmed by his family if he returned to his home country, and he cannot receive protection at his country of origin," Presiding Judge Atsushi Tokuchi said in the ruling.

The man has said he was prevented from moving freely by his family after they learned he was in a relationship with another man, and an attempt was also made to run him over, according to the ruling.

He expressed gratitude at a press conference after the decision, saying, "Thank you so much Japan, thank you so much to the court." He said he wishes to live and work in the country like others do, and hopes that the government does not appeal the ruling.

Photo taken on July 4, 2024, shows a gay man from a North African country (front) embracing a supporter in Osaka after a court ruling the same day. (Kyodo)

The Immigration Services Agency of Japan said it will examine the ruling and respond appropriately.

After coming to Japan, he made an application for refugee status in January 2020 at the Osaka regional immigration bureau but it was declined in February 2021. His appeal to have the bureau's decision reviewed was also turned down in May 2022.

In July of that year, he filed a lawsuit at the Osaka District Court, seeking revocation of the immigration authorities' decision not to grant him refugee status.

The ruling comes as Japan in March 2023 unveiled for the first time its guidelines for recognizing refugees to ensure transparency amid criticism that it accepts very few refugees compared with other countries.

Under the guidelines, the immigration services agency said refugee status could be granted if applicants are deemed at risk of persecution in their home countries for their gender, or for identifying as a member of a sexual minority group.

Japan gave refugee status to a record-high 303 people in 2023. But the number is tiny in comparison to European countries, where refugees are taken in by their tens of thousands annually, and the United States, which recently raised its yearly cap to 125,000.


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