Making the admission decision based on nationality and national security reasons violates the Japanese Constitution’s guarantee of equality under the law, the court said.
A lawyer for the 43-year-old Iranian welcomed the ruling against the Tokyo Institute of Technology.
Presiding Judge Hisaki Kobayashi said the Iranian can be recognized as a long-term resident of Japan because he has been granted refugee status, ruling out close ties with Iran’s state activities, including the country’s nuclear program.
“The Tokyo Institute of Technology failed to check on the plaintiff’s refugee status, even though it was easy to verify, which should be an important factor when addressing national security concerns,” Kobayashi said.
He concluded that the school discriminated against the Iranian unreasonably by attaching unjustifiable importance to his nationality.
The plaintiff also asked the Japanese court to grant him ad- mission to the school, but the judge said the school should “go to great lengths in examining his case and reach a decision by taking his refugee status into ac- count.”
The Iranian man came to Japan in 2003 and was granted refugee status in 2008. He applied for admission to the school’s Research Laboratory for Nuclear Reactors in June last year to study radiation treatment for cancer.
The university considered the case based on a UN Security Council resolution and a Japanese Education Ministry instruction saying education in the nuclear field should be denied to Iranians. But the concern was addressed to Iranians sent out from Iran.
