One Law Partners, LLC recently secured a judgment revoking a decision denying refugee status to an Iraqi woman who had been subjected to domestic violence.
The decision is significant because it expressly recognizes that even violence committed by private individuals may constitute “persecution” under the Refugee Convention where the state fails to provide effective protection.
Case Overview
The applicant, an Iraqi woman, was raised in a conservative Sunni Muslim family and was subjected to repeated violence and control by male family members over an extended period.
After fleeing Iraq and entering Korea, she applied for refugee status.
However, the immigration authorities denied her application on the grounds that her circumstances did not constitute persecution within the meaning of refugee law.
One Law Partners, LLC challenged the decision and initiated administrative litigation seeking its revocation.
Key Findings of the Court
The Seoul Administrative Court revoked the denial of refugee status and made the following findings:
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Social and cultural norms that tolerate violence against women, combined with the absence of effective state protection, may constitute “persecution” under the Refugee Convention.
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Even where violence is committed by private individuals, it cannot be regarded as merely a private matter when the state systematically fails to prevent or address such violence.
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If the applicant were required to return to Iraq, she would face a high risk of violence or expulsion by family members, and the state would likely be unable to provide adequate protection.
Significance of the Decision
This judgment is significant because it:
✔ Confirms that domestic violence and other forms of private violence may qualify as refugee-related persecution where state protection is unavailable or ineffective.
✔ Reflects the realities of societies in which discrimination and violence against women are systemic and deeply entrenched.
Attorney Carolyn Ye-Eun Kang of One Law Partners, LLC commented:
“This is a meaningful decision recognizing that violence committed by private individuals may amount to persecution where the state is unable or unwilling to provide effective protection.”
(The case is currently pending on appeal.)
One Law Partners, LLC remains committed to protecting the rights of clients in the fields of human rights, refugee law, and immigration through dedicated and professional legal representation.
Attorney Seo-Young Kang | sykang@onelawpartners.com
Attorney Carolyn Ye-Eun Kang | yekang@onelawpartners.com
Public Relations Team, One Law Partners, LLC | pr@onelawpartners.com
