Lawsuit that overturned government’s rejection of refugee status
Mr. B is also an asylum applicant in Japan from the same African country as Mr. A. Mr. B was a middle school teacher in his country.
His father was arrested for anti-government activities and died from brain damage caused by torture from their government.
As his father, Mr. B was also involved with anti-government activities. This caused Mr. B to receive an order to appear by the government. This made him realize that he was in a great danger. So he decided to leave his country.
Prior to the government order, Mr. B had applied for a visa to Japan. Once receiving his visa, Mr. B decided to come to Japan in search of safety. He arrived at Narita airport in early October 2008 and applied for refugee status shortly after.
Mr. B who sued for reversal of government's denial of refugee status.
For the five years since arriving in Japan, Mr. B was faced with many hopeless days - denial of refugee status, the issuing of a deportation order, denial of special permission to stay in Japan, and detention in the Tokyo immigration office. Since his release, he has been living under a provisional release status, which denies him freedom of movement and his right to work.
During this difficult period, both Karabao, which supports foreign workers living in Japan, as well as REN, which taught him how to make beaded accessories, helped him mentally and physically.
Finally, in August 2015, after 2 years of court proceedings, Mr. B won the suit to reverse the Japanese government’s denial of refugee status. Only the claim of national compensation was declined.
The judge’s decision was as follows: “As the plaintiff requested, the denial of recognition of refugee status is therefore canceled. I order that the plaintiff be given refugee status. I overrule the government’s objection and the deportation order is therefore canceled.” This decision exceeded their expectations due to the way the government had been dealing with refugees and their policy regarding refugees. Up until that point, they had not been optimistic.
This victory came about from the belief and enthusiasm of the following people: Mr. Kanbara and Mr. Yusuke Ogasawara, attorneys, who had been supporting Mr. B, and Mr. Shintaro Namioka, an associate professor from Meiji Gakuin University who interviewed Mr. B in French while he was detained at the immigration office.
It was an unforgettable day for the members of Karabao and REN who were listening to the verdict at the public gallery, but most especially Mr. B, who had dreamed of this moment and was full of happiness.
Receiving refugee status allowed him to finally obtain a work permit. Now, he is working for a Japanese company. His biggest hope for the future is to become a French teacher. We believe that Mr. B’s dream will come true in the near future because of his steadfastness and hard work.
In 2016, the number of asylum applicant was 10,901. Of those only 28 were recognized as refugees.
There are millions of asylum seekers who are under similar circumstance as Mr. B in Japan. We consider that it is essential for REN to let more people in Japan to know about these facts.