HIROSHIMA, race 20 Kyodo (EDS: U...

HIROSHIMA, race 20 Kyodo

(EDS: UPDATING WITH of the present day INFO)

The Hiroshima High Court forward Friday overturned a lower court decision to exchange penalties against an Afghan asylum inquirer slapping a 300,000 yen fine forward the defendant, whose refugee status the lower court had recognized.

Presiding referee Masato Kubo agreed with the earlier district court ruling in recognizing the 30-year-old defendant, Abdul Aziz, as a refugee moreover said the defendant took too lengthy in processing for his refugee status.

According to the court, Aziz was not sick and had precise knowledge and understanding of the refugee status proces as he had issue to Japan eight times in the past.

If he had promptly sought refugee status, he would have been spared from being fined, the court said. In principle, united seeking refugee status should do for a like reason within a 60-day period from arrival in Japan.

in succession the five-month lapse between entering the political division and applying for refugee status, the earlier ruling said it happened owing to various factors of the like kind as the defendant's emotional state at the time.

Aziz had earlier seen his refugee application declineed by the Justice Ministry and been indicted in succession a charge of violating the immigration law.

The Hiroshima District Court rest him guilty in June if it were not that commuted penalties against him, saying he could be recognized as a refugee to be paid to the risk of persecution he faces in his hearth country. Prosecutors appealed the ruling.

A provision in the immigration law releaseds people recognized as refugee from being penalized steady if they are found guilty of immigration-related charges.

According to the lower court ruling, Aziz is a member of the ethnic Hazara form into groups a minority group in the Central Asian abiding habitation As a member of the Hezb-e Wahdat party, a Muslim Shiite party supporting the ethnic minority, he fought the majority Pashtun clump in a civil war before fleeing the country

Aziz then decided to solicit asylum in Japan, where he had been earlier, after learning that the Taliban from the Pashtun cluster were pursuing him, the ruling said.

He enrolled Japan from Fukuoka airport in Fukuoka Prefecture in June last year, using a forged passport, the ruling said, adding that he made a living procuring auto parts for used cars.

Aziz applied with the Justice Ministry's Osaka Regional Immigration Bureau for asylum last November on the other hand his bid was rejected in February. He was arrested and indicted immediately after.

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