Russian asylum seeker allowed to stay in Korea during refugee review: report

Court says individual likely to face hostility from Russian authorities

A South Korean court has overturned an immigration office’s decision not to extend the temporary stay of a Russian national seeking asylum, saying the plaintiff may face “adverse attention” from the Russian government for repeatedly protesting the war in Ukraine and President Vladimir Putin.

The Incheon District Court revoked the Incheon Immigration Office’s January decision, Herald Business reported Wednesday.

The ruling became final after immigration authorities decided not to appeal, allowing the plaintiff to remain in South Korea while their refugee application undergoes a second review, the report said.

The plaintiff entered South Korea in November 2018 and first applied for refugee status in 2019. After that application was rejected, the person filed another request in January and sought permission to remain in the country temporarily.

The plaintiff argued that their designation as a “foreign agent” by the Russian government should prompt South Korean authorities to reassess their asylum claim, according to the report.

Russia’s “foreign agent” designation can apply to people who receive support from abroad or are deemed to be under foreign influence. Those designated face significant administrative requirements, including detailed reporting and mandatory audits.

In 2024, the European Court of Human Rights ruled that Russia’s foreign agent system violated rights including freedom of expression and association and respect for private life.

“It needs to be reassessed whether the plaintiff should be considered a refugee,” the court said. “Granting them temporary residence, at least during the administrative process for refugee status, is in accordance with the purpose of the Refugee Act.”

The court noted that the plaintiff had taken part in hundreds of protests against the war, the Russian government and Putin, and that photos of the protests had appeared in local media and on social media.

“It is likely that the plaintiff is being subjected to adverse attention from the Russian government, particularly considering that it has identified and disclosed the plaintiff’s personal social media account,” the court said.