Asylum-seekers Should be Permitted to Engage in Wage-earning Employment
during Appeals Period against Refusal
The National Human Rights Commission of Korea (NHRCK) recommended that the Minister of Justice take adequate measures enabling asylum-seekers in the appeal process of refugee refusal to engage in wage-earning employment. It reasoned that employment permits for asylum seekers in appeal against refusal is necessary for the purpose of avoiding a breach of human rights.
In June 2010, Mr. K (age 40), a Bangladeshi, filed a complaint that because the Ministry of Justice forbade asylum seekers in the appeal against refusal to work, he had not been able to provide for his pregnant wife and two children. He claimed that his right to live in dignity was violated without any means of support.
The Ministry of Justice explained that a work permit was not granted to Mr. K as he was not entitled to remain in the country after his refugee status was denied.
The NHRCK considered the recommendation of a UN body, practices of other countries, and the decision of the Constitutional Court. Firstly, the UN Committee on the Elimination of Racial Discrimination recommended that “asylum-seekers and persons granted humanitarian protection be allowed to work” at concluding observations to the Republicof Koreain 2007. Secondly, asylum seekers in the refugee status determination process are allowed to work on humanitarian grounds in many other countries such as Australia, New Zealand, and Canada. Thirdly, the Constitutional Courtrendered a decision that although all the fundamental rights of citizens cannot be granted to them, foreigners can be rights-holders within the context of human rights. The right to work for a living can be interpreted as associated with the human rights of asylum seekers.
The NHRCK concluded after thorough consideration that the asylum seeker was in special circumstances, considering the fact that he and his family were left destitute without means of support. Since the refusal of refugee status in 2006, he had not been allowed to work for a living even though he had to support his pregnant wife and two children during the appeal process. Thus, the NHRCK viewed that they were exposed to violation of the right to live in dignity.
Furthermore, the NHRCK was of the opinion that adequate measures should be undertaken to ensure asylum seekers and their family members their right to live in dignity during the refugee status determination process from the perspective of human rights protection, rather than immigration control.
