The Tokyo District Court on Wednesday rejected a lawsuit filed by a 40-year-old Iranian seeking recognition as a refugee on the grounds he would be punished due to his homosexuality under Iran's Islamic penal law.
In the first judicial ruling in Japan over whether a person can seek asylum based on sexuality, the court turned down the man's claim, ruling he can live safely in Iran as long as he does not overtly engage in sexual conduct.
The plaintiff, identified only by his nickname Shayda, applied for refugee status in June 2000. It was the first time homosexuality had been cited in a refugee application. The application was rejected two months later and the man was held at two detention facilities for foreigners for 19 months for overstaying his visa.