April 22 – Regarding the asylum seekers who filed a cancellation suit over the disapproval to grant refugee status to asylum seekers, the NHRCK issued a recommendation to the Minister of Justice not to forcibly evict or confine them in protective facility for foreigners.
The Refuge Pnan, Seoul-based civic group aiding refugees, filed a complaint with the NHRCK in September 2008 claiming, “Three asylum seekers in litigation regarding cancellation suit over disapproval of refuge status were confined in the protective facility for foreigners after given a decision to be evicted from Korea, by the Ministry of Justice.”
The Ministry of Justice explained, “In the case where a person is caught while working without legal status of sojourn, the person can be forcibly evicted by the Ministry of Justice under the Immigration Control Act even when the person is in litigation to cancel a denial of refugee status since the case is an illegal employment”.
Meanwhile, the NHRCK pointed out that it takes 1 to 2 years for the refugee status determination process and in some cases even longer if administrative litigation cases happen.
“Considering the time and the difficulty in negotiating with the home countries of asylum seekers, it is a violation of Constitutional Law if the Korean government does not allow asylum seekers to get a job when they are not provided with any social welfare supports. The Constitution ensures the dignity of man, the right to live and maintain basic health condition,” said the NHRCK.
Accordingly, the NHRCK issued a recommendation for the Minister of Justice to withdraw the forced eviction order until the lawsuit case is closed.
Korea joined the “Convention Relating to the Status of Refugees” in December 1992 and the first refugee status has been determined in 2001. Some 101 people have received refugee status as of November 2008.
