A North Korean man who defected to the south then fled to New Zealand has won an appeal to stay in the country.
The man, who cannot be named, was due to be deported, but has won an appeal before the Immigration & Protection Tribunal, which ruled he would face isolation and persecution in South Korea.
The man fled North Korea and lived in South Korea, before eventually arriving in New Zealand. Photo: 123rf
The tribunal heard many people in South Korea treat northerners as outsiders and possible spies.
The man's family defected after his father died and their economic situation rapidly deteriorated in the early 2000's.
He told the tribunal the North Korean economy was in difficulty and his family was effectively left to fend for itself.
He fled across the Tumen River - known for being the preferred route for defectors despite its dangerous border patrol and pollution - to China, in his 20s.
On arrival at Incheon Airport in South Korea, he was debriefed by officials and sent to the Hanawon resettlement centre in the countryside, an hour south of Seoul.
At Hanawon, defectors relearn the peninsula's history, take classes on human rights and learn the basics of everyday life, such as how to use an ATM machine.
They are eventually given a sum of money and sent to subsidised accommodation.
The man, despite being trained in construction, found getting full-time work difficult and suspected his background was to blame.
"The two countries exist in a state of war, which makes people nervous," the decision said.
"Moreover, from time-to-time, the news media in South Korea reported that North Korean spies have been discovered living and working in South Korea and this only heightens the suspicion of North Koreans living in South Korea."
The tribunal noted a report by the International Crisis Group that found in January 2011, only 50 percent of defectors were employed in South Korea.
Most of those people were in unskilled manual labour jobs, while only four percent of defectors were working in skilled jobs.
The man enrolled in university in 2007 to study engineering but was treated with ostracism and hostility - on one occasion, a South Korean student wrote "rapist" over his class picture.
He worked odd jobs, but was unable to hold down anything permanent, which he believed was because of his accent. He was reduced to scavenging rubbish from a dump to take to recycling centres.
While attending church in 2011, he was punched in the face in an unprovoked attack and needed a front tooth replaced. The man declined to press charges, but his attacker still had to pay reparation.
Over time, he felt increasingly lonely and isolated, but formed a relationship with a South Korean woman and planned to marry her.
However, her parents refused to give their consent because of his heritage and he consequently became suicidal.
A few years ago he moved to New Zealand and has worked in construction since. He is now in his early 40s.
He currently has a job, but for the sake of privacy, RNZ will not report exactly what employment he is in or where he is living.
The man's lawyer, Tonderai Mukusha, said the North Korean state had failed him, the South Korean state had failed him and that he is "an ordinary man cherishing no more than an ordinary life".
Mr Mukusha told RNZ an ordinary life meant the man "wants to be treated fairly and not to be set apart".
"In New Zealand, he has avoided that type of treatment as there is a lot of diversity here and he told me he has not come across any discrimination."
A New Zealand psychologist has diagnosed the man with post-traumatic stress disorder.
He was due to be deported but appealed for refugee status, which has been accepted by the tribunal.
It accepted his life story in its entirety and said were he return to South Korea, he would face the same isolation and discrimination, which would violate his human rights.
"He will be without such state support in the employment sector on return and can be expected to encounter continuing discrimination in finding employment in both his chosen profession and in his trade," the Tribunal said.
"The Tribunal accepts that this amounts to a breach of his rights."
New Zealand accepts about 750 refugees each year.