Exclusive: Court grants temporary residency to Russian who protested Putin hundreds of times in S. Korea

A South Korean court has ruled that a Russian national who participated in hundreds of protests against Vladimir Putin and the Russia-Ukraine war while living in South Korea must be granted temporary residency status until a decision is reached on his latest refugee application. The court found that the man is likely subject to hostile scrutiny by the Russian government.

According to legal sources, Judge Jang Woo-young of the Incheon District Court's Administrative Division 2 ruled last month in favor of the Russian national, identified only as A, in his lawsuit seeking to overturn a denial of his application to extend his stay. The court ordered the cancellation of the January decision by the head of the Incheon Immigration Office rejecting A's request.

A entered South Korea in November 2018 and applied for refugee status the following year. His application was rejected in 2022, and he filed an appeal and then a lawsuit against the Ministry of Justice. The case was dismissed at the first and second instance courts and was ultimately rejected by the Supreme Court in July last year, finalizing his defeat.

As his authorized period of stay neared expiration, A filed a second refugee application with authorities in January. He simultaneously applied to extend his stay, but when that request was denied, he filed the current lawsuit in March.

During the trial, A's legal team argued that he had "actively, continuously and proactively opposed the Russian government and sustained anti-war activities against the Russia-Ukraine war," and that "there has been a significant change in circumstances since the first refugee application process concluded — including his designation as a 'foreign agent' by the Russian government — warranting a fresh determination of whether he qualifies as a refugee."

Russia's "foreign agent" designation refers to individuals or organizations that engage in political activities while receiving support or influence from abroad. Those registered as foreign agents are subject to various reporting obligations and can face criminal penalties for violations.

The court accepted A's arguments.

The panel said "there is a need for a fresh determination on whether A qualifies as a refugee," adding that "granting A temporary residency status — at least for the duration of the process to determine his refugee status — so that he may receive a ruling on that status in a stable condition is consistent with the intent of the Refugee Act."

In explaining its reasoning, the court noted that "during his stay in South Korea, A participated hundreds of times in protests against the Russian government, President Putin and the Russia-Ukraine war, held at locations including the Russian Embassy in Seoul and Myeong-dong," and that "photographs of A at these protests were published on social media and in domestic news outlets."

The court further noted that "A submitted new materials not previously presented, alongside his second refugee application," and that "Russia's Ministry of Justice designated A as a 'foreign agent,' citing reasons including the alleged spreading of false information about decisions and policies of Russian public institutions and support for the Ukrainian military." The panel added that "the foreign agent system is used by the Russian government as a tool to restrict or suppress the activities of journalists, human rights defenders, civil society activists and government critics — and particularly since the outbreak of the Russia-Ukraine war, it has been assessed as a means of pressuring anti-war activists, independent media, human rights organizations and dissidents living abroad."

The court concluded that "A is highly likely to be subject to hostile scrutiny by the Russian government," pointing in particular to the fact that the Russian government had publicly identified and disclosed all of A's personal social media accounts.

The ruling is now final. Immigration authorities did not appeal the first-instance decision. A can now undergo review of his second refugee application while holding valid residency status.