o National Human Rights Commission of Korea convened an ad-hoc Standing Committee on 20 February and recommended to the head of ○○ Immigration Office which ordered deportation to Mr. Hwang, a Korean Chinese, to extend the period of temporary release from detention until his family come up measures to look after his ill family member.
o Mr Hwang visited ○○ Immigration Office for nationality application in 2017 and the application was denied due to usage of forged passport and he was ordered to deportation and prohibition of entry to for 10 years. However, he had to take care of his mother suffering from cerebral infarction so he deposited 20 million KRW to ○○ Immigration Office and submitted airline ticket to Dalian, China and a document and his temporary release from detention was extended until 23 February this year. He then filed a complaint to NHRCK saying that deportation is unfair as his younger sibling also needs nursing due to cerebral infarction.
o NHRCK reviewed possibility of emergency remedy as the deportation date is 23 February. NHRCK viewed that it would take time to judge on the legitimacy of order of deportation and prohibition of entry for 10 years on the complainant who entered Korea after 5 years of period of prohibition of entry due to illegal stay.
o According to the investigation of NHRCK, his mother reinstated Korean nationality and the child-parent relation with the complainant was confirmed through a DNA test. She’s 81 years old and suffering from cerebral infarction and dementia. His younger sibling was also suffering from cerebral infarction, dementia, and high blood pressure. Both of them could not live on their own without help of a care-giver and Mr. Hwang is the only one taking care of both of them.
o Accordingly, NHRCK concluded that if Mr. Hwang is deported, his family members would be left unattended without receiving proper care, causing irreversible damage to him and his family members.
o Accordingly, NHRCK recommended to the head of ○○ Immigration Office to extend the period of temporary release from detention until the humanitarian issue is resolved.
o NHRCK hopes that the decision serves as an opportunity to review humanitarian situation of people who are subject to deportation and under the process of administrative measure by immigration office.
