A district court in Osaka has granted refugee status to a Ugandan woman who feared persecution for being a lesbian if she were to be deported to Uganda. The woman in her 30s, who chose to remain anonymous for privacy concerns, received a residency status that would allow her to stay in Japan for five years. She filed a lawsuit with the Osaka District Court after her initial application for refugee status was rejected, and the court ordered the government to recognize her as a refugee in March.
Japan’s Immigration Services Agency introduced new guidelines last month on eligibility for refugee status, which included sexual minorities. Sexual minorities in some African countries face harsh regulations, and the woman claimed she was beaten by police in Uganda for being a lesbian. Her lawyer, Maya Kawasaki, said that although a small number of people from African countries are applying for refugee status based on their sexual orientations, it is rare for Japan to grant refugee status based on that.
Last month, Uganda passed one of the world’s harshest anti-LGBTQ laws, which makes homosexual acts punishable by death. The latest case shows that the screening process for asylum-seekers is problematic, said Mutsumi Akasaka, a senior official at the Japan Association for Refugees. She added that the government should have recognized the woman as a refugee immediately after the court ruling was finalized, since the delay meant she was unable to get government benefits until she was given a residence card.
Japan has been criticized for granting refugee status to only a small number of people each year. In 2022, Japan granted refugee status to 202 people out of 3,772 applicants. The figure was higher than in past years as Japan recognized 147 applicants from Afghanistan following the Taliban’s return to power. While another 1,760 people were allowed to stay in Japan on humanitarian considerations, the figure still pales in comparison to European countries and the United States.
The move also comes amid debates in parliament over a controversial bill to revise the immigration law to improve the system governing long-term detention for overstayers and easing deportation rules. However, the legislation is likely to face a rocky path forward in parliament. The Ugandan woman on Wednesday commented on the bill, saying that there is a need for Japan to protect people who escaped violence or persecution in their home country.
The ruling in this case is a victory for LGBTQ rights in Japan and signals a move toward a more inclusive refugee policy. However, it also highlights the need for improvements in Japan’s screening process for asylum-seekers and for the government to recognize the urgency of protecting vulnerable individuals seeking refuge.