The Tokyo High Court on Tuesday rejected a lawsuit by an Afghan man seeking asylum in Japan, overturning an earlier decision in his favor.
Mohammad Jawad was asking the government to grant him refugee status and rescind its decision to deport him, saying he fears persecution if he returns to Afghanistan.
Presiding Judge Yoshiaki Nishida said, "The court cannot recognize that there was fear of persecution as the man repeatedly came to Japan after the Taliban took control of the capital Kabul and did not seek protection from Japan or apply for refugee status" until 2001.
Jawad applied for refugee status after arriving at Narita airport via Thailand in July 2001.
The Justice Ministry rejected the application because it found some fabrications in the documents he submitted.
He was subsequently detained for about eight months.
The Tokyo District Court ruled in May 2004 that Jawad is a refugee and called the ministry decision unjustified as he may have faced persecution in Afghanistan for his activities there against the Taliban regime.