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General information

Definition / General Procedure / Requirements

Criteria of Refugee Recognition and other administrative Procedure

Definition of Refugees

Refugee is defined as follows in Article 2(2) of Immigration law
- "Refugee" refers to those that fulfills the requirements defined by Article 1(A) of the 1951 Convention Relating to the Status of Refugees and amended by the 1967 Protocol
"Refugee” refers to those whose rational fear of being prosecuted by their race, religion, nationality, political view, or membership in certain organization is such that:
-While they are outside the country of their nationality, they either cannot get any protection from it, or are unwilling to accept any help from it.
- While they are outside the country of their residence without a nationality, they either cannot enter it or are unwilling to go back.

General Procedure for Refugee Recognition

Foreigners seeking protection under the 1951 Conventions can apply for recognition of refugee status.
The applicant must confirm his or her application by submitting completed application form, 2 photos, and passport or other forms of identification in person at local Immigration office.
Refugee officer interviews the applicant.
Refugee officer gives a report of the application based on written and oral statements and submitted evidence to the Minister of Justice.
The 1st decision is made by Minister of Justice, based on report on the application, statements, evidence, and opinions of UNHCR and Ministry of Foreign Affairs. The minister may grant refugee status, humanitarian protection or deny the application.
If the application is denied on the 1st determination, the applicant may appeal against it within 7days of the date of its notification.
The committee (under the presidency of vice Minister of Justice) composed of 10 members from government officials and non-governmental organizations, reviews the application for appeal.
Minister of Justice makes the final decision based on the form, statement, evidence and the decision of the Committee.
If the appeal failed to gain recognition as refugee or humanitarian protection, the Refugee procedures by administrative are terminated. In such cases, immigration law dictates that the applicant must leave the Republic of Korea within 5 days of the date of the refusal’s notification
Foreigners that fail to be recognized as refugee may file a suit with Seoul Administrative Court or other High Courts against the determination of Minister of Justice within 3 months of the date they are notified the decision.

Requirements

Documents for application.
- Application form for recognition of refugee status completed
- Written Statement, document(s) evidencing being persecuted
- 2 Photos (3.5x4.5 cm)
- Passport or Seaman book (Original and one photo copy)
- Other Identifications
Documents for application for appeal.
- Application form for Appeal completed
- document(s) evidencing being persecution

< posted : 02/01,2008 >

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