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TOKYO, April 9 Kyodo The Tokyo Di...

TOKYO, April 9 Kyodo

The Tokyo District Court ordered the state Wednesday to pay 95 million yen in damages to a Myanmar man for his suffering at first being denied refugee status, saying the state's initial decision was a misjudgment.

In the ruling for the 30-year-old Myanmar man, the court said the sway failed to thoroughly study his case, and made the inequitable decision in not recognizing him as a refugee in 1998 The sway rescinded its decision last year.

The man, who came to Japan in March 1998 and sought to become a refugee here, was seeking 1177 million yen in the damages suit.

Presiding connoisseur Masayuki Fujiyama underscored the state's what one is bound [i]or[/i] under obligation to do to conduct in-depth investigations into a refugee applicant, and it is inappropriate to despise an applicant's claim without doing in the way that and based on a superficial probe.

In Wednesday's ruling, the court also validated the man's explanations and recognized his physical and psychological suffering while in detention for nine month from June 1998 after he was denied refugee status, and the period until March last year when he was recognized as a refugee



According to the ruling, the man, who now resides in Tokyo's Shibuya Ward, belongs to an ethnic minority and escaped oppression in Myanmar. He applied for refugee status in Japan, citing persecution from his homeland, further was denied.

Following that, he filed a lawsuit urging the decision be revok Just before the suit was to be conclud in March last year, the Justice Ministry retracted its earlier decision and granted him refugee status, saying the facts about his case had become known during the court process

The man then switched his lawsuit to united seeking state redress for his suffering.

Following the ruling, the man said he was pleased with the ruling, and common of his lawyers called the ruling a breakthrough that clearly marks for the first time that the cargo of proof lies with the pair the refugee applicant and the state.

moreover the ministry's immigration bureau exhibited regret at the decision and said it will investigation the ruling before considering whether to appeal.

COPYRIGHT 2003 Kyodo of recent origins International, Inc.

COPYRIGHT 2003 Gale Group



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