Japan's Nagoya High Court Overturns Refugee Status for Syrian Man Post-Assad Regime Collapse

High Court Reverses Refugee Recognition

On Thursday, September 25, 2025, the Nagoya High Court issued a significant ruling, determining that the Japanese government is not obligated to recognize a Syrian man as a refugee. This decision overturns a previous ruling by the Nagoya District Court that had compelled the government to grant him refugee status. The High Court's judgment hinges on the changed circumstances in Syria following the collapse of the Bashar al-Assad regime in December 2024.

While the High Court reversed the refugee recognition, it upheld a separate aspect of the lower court's decision, which ordered the government to revoke its initial refusal to grant the man refugee status. This indicates that the initial non-recognition was deemed illegal, but refugee status was not automatically conferred.

Background of the Case and Syrian Man's Plight

The Syrian man arrived in Japan in 2019 and currently resides in Aichi Prefecture. His asylum claim stems from his involvement in anti-government activities in Syria, including avoiding military service and participating in anti-regime movements. He intensified his criticism of the Syrian government after the outbreak of the civil war, holding anti-government meetings at his company's office.

Prior to his departure for Japan, he was frequently detained by Syrian security agencies. Shortly after his arrival in Japan, his assets were frozen, and his conscription postponement was rejected. He applied for refugee status with the Japanese government, but his application was denied, leading him to file a lawsuit in 2021.

The Nagoya District Court, in its ruling last May, had sought to grant him refugee status, citing the significant risks he would face, such as arrest and forced military service, if he were to return to Syria.

Court's Reasoning and Reactions

Presiding Judge Aya Yoshida of the Nagoya High Court stated that while the initial non-recognition was illegal, it was 'not obvious' that refugee status should be granted. The judge's reasoning highlighted that since the collapse of the Assad regime, security institutions in Syria have been dismantled, and some refugees have reportedly returned to the country.

The collapse of the Assad regime occurred on December 8, 2024, when a rebel alliance, spearheaded by Hay'at Tahrir al-Sham (HTS), overthrew the government, ending the Assad family's decades-long rule.

A lawyer representing the Syrian man criticized the High Court's latest decision, stating that it 'puts the man in an unstable position again'. The man himself has asserted that he continues to face persecution from the current Syrian government and has vowed to continue his legal battle until Japanese authorities acknowledge his claim.