A refugee is someone who leaves his or her country to stay in a foreign land because they have a well-founded fear of persecution on account of race, religion, nationality, political opinion or social status and they cannot or do not wish to return home or are afraid to do so.
( Renowned american actress, Angelina Jolie, UNHCR Special Envoy, visits refugee in Afghanistan)
The Republic of Korea first introduced its refugee recognition system by joining the UN Convention Relating to the Status of Refugees 1951 (hereinafter known as the “Refugee Convention”) in 1992, and it had inserted provisions for the refugee recognition in its already-existing Immigration Control Act in June, 1994. On July, 1, 2013, the new Refugee Act of the Republic of Korea came into effect and it is the very first independent refugee law legislated at the national level among the Asian countries, and thus it has significant implication for protecting asylum seeker's rights in Asia.
Korea's Refugee Recognition Procedure
1. Application for Refugee Status
Claiming Refugee Status from Within Korea
Foreigners in the Republic of Korea who wish to be recognized as refugees may apply for refugee status to the Minister of Justice by submitting her/his refugee status application to the Chief of an Immigration Office, Head of an Immigration Branch Office or Director of an Immigration Processing Center. When applying, the refugee claimant must provide his/her passport or alien registration card(if neither is available, a statement explaining the reasons) and supplementary information, if available. A refugee status applicants are allowed to stay in the Republic of Korea until the determination of his/her refugee status becomes final.
(if an administrative appeal or litigation concerning the denial of his/her refugee status is ongoing, until the proceeding concludes.)
Claiming Refugee Status at the Port of Entry
A foreign national can claim refugee status as soon as he or she arrives at a Korean port of entry by submitting the refugee status application form to the respective Office Chief or Branch Head with jurisdiction over the port of entry in accordance with the Immigration Control Act and the Office Chief or Branch Head may restrict the applicant to stay at a designated location within the port of entry for up to seven days. The Minister of Justice shall decide within seven days of the submission of a refugee status application whether to refer the application to the refugee status determination procedure and if he fails to decide within the period, the applicant's entry into the country shall be permitted.
2. Interview and Investigation
Interview by Immigration Officers
After as a refugee status applicant submits his or her application with required documents, the officers of the Local Immigration Services will call the applicant for an interview. Under the Refugee Act, the applicant has the right to receive the assistance of an interpreter and a attorney and also to request the presence of a trusted individual during the interview. An interpreter will be appointed for the applicant by the Minister of Justice, but, if the applicant finds them unreliable, he or she may appoint his or her own interpreter. A refugee status applicant has the right to request that the interview be recorded or videotaped, and when the applicant requests, the chief or head who is in charge may not refuse the request.
Investigation by Immigration Officers
Immigration officers may investigate and evaluate all relevant information to assess the validity of any evidence and the credibility of the applicant's statements. The head of immigration office with jurisdiction will report the inspection results to the Minister of Justice for a final review.
3. Recognition of Refugee Status
The Minister of Justice approves the refugee status, he issues the Certificate of Refugee Recognition to the applicant and if he decides that the applicant is not a refugee, he or she shall issue a Notice of Denial with the reasons of it and information including that the applicant may appeal within thirty days. The applicant who is recognized as refugee may have the status of resident(F-2-2 visa, resident status with unlimited work permit), and may obtain the Refugee Travel Document upon request, which is equivalent to passport.
4. Appeal and Administrative Litigation
Foreigners whose refugee claim is disapproved may appeal to the Minister of Justice within 30 days from the date on which the decision was received. If refugee recognition is disapproved again after the appeal, the applicant may apply for an administrative litigation at the Administrative Court within 90 days from the date on which the notice of disapproval was received(the applicant may apply for an administrative litigation immediately after the initial disapproval to the refugee status.)
5. Treatment of Recognized Refugees and Refugee Status Applicants
An recognized refugee who is staying in the Republic of Korea shall be provided social security and primary and secondary education at the same level as that of Korean nationals.The Minister of Justice shall give any spouse or minor children of a recognized refugee permission to enter into the Republic of Korea upon request, provided that the relevant article of the Immigration Control Act does not apply.
* Refugee status applicants are also provided with a certain level of provisions as long as they stay in the Republic of Korea for being recognized as refugee. The Minister of Justice may permit a refugee status applicant to engage in wage-earning employment six months after the date on which the refugee application was received.
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