In December 2022, an El Salvadoran filed a lawsuit against the Immigration Bureau's denial of refugee status to the Tokyo District Court for revocation, but the Tokyo District Court on February 2, 2024, also refused to recognize the refugee status.
The ruling placed much of the burden of proof on the side of the refugee claimants, such as "there is no concrete evidence that they are being targeted by gangs," and the ruling repeated the defendant government's argument as it was without persuasive reasons for the denial of recognition. The case was immediately appealed.
Japan's refugee recognition rate is unusually low compared to other host countries. Although the number of applicants exceeds 10,000 a year, only 1-2% are recognized as refugees. Japan's own narrow criteria for recognition, " specific and concrete fear of being persecuted," has been criticized but is still being adopted and followed by the courts. The " specific and concrete" criterion means that the applicant must be in concrete danger of being killed or arrested if he or she returns to the country, even though the social conditions in the country from which he or she fled are dangerous and there is a risk. For example, if the applicant already has a warrant out for his/her arrest and is at risk of persecution by the police or military, this is typical.
However, there are many people who may be in danger of being harmed if they return to their home countries even if they are not in such danger. Can the immigration authorities and courts that have made the decision to send an applicant back to his/her own country be held responsible for his/her safety after returning home?