Court recognizes bisexual asylum seeker

An appeals court in Seoul ruled in favor of a bisexual asylum seeker, Sunday, recognizing her as a refugee.

The court viewed the asylum seeker’s fear of persecution in Uganda, her home country, as legitimate. A lower court turned down her request earlier.

“We view that with her sexual identity, it would be difficult for her to carry on her daily routine anywhere in Uganda,” according to the court ruling quoted by a local daily.

“Knowing her sexual identity, the government in Uganda is likely to press criminal charges against her. If the fear of persecution affects your freedom, it can already be persecution.”

The ruling came almost 10 days after the highest court in Korea ruled against an Egyptian asylum seeker who claimed his homosexuality could endanger his life, if sent back home.

In Uganda, homosexuality is illegal. According to the 2014 law, homosexual, bisexual and transgendered men and women can be sentenced to death. Under mounting pressure, the country’s Constitutional Court challenged the law, but it did little to dilute the anti-homosexual sentiment in the African country.

The woman in the spotlight, whose name was undisclosed, 28, fled Uganda in February 2014 and filed for refugee status in Korea two months later.

She said her bisexuality was denounced by her mother who reported her to the police. She said she had been detained by the police because of her sexual identity and raped by police officers.

Her two interviews with refugee officers were unsuccessful. She filed for a special round of interviews with the Ministry of Justice, which also turned her down saying her fear for persecution wasn’t sufficient. The Seoul Administrative Court also ruled against her.