Rights groups say repeat applications reflect flaws in refugee screening system with a recognition rate below 2 percent
Refugees and rights activists rallied outside the National Assembly on Thursday, urging lawmakers to scrap a proposed revision to the Refugee Act that would allow the justice minister to dismiss some asylum applications before they enter the formal review process.
The bill, proposed in March by Democratic Party of Korea Rep. Kim Gi-pyo, would add a new clause to Article 17 of the Refugee Act. If passed, it would allow the justice minister to reject applications at a preliminary stage in certain cases, including when an applicant is found to have submitted false information, reapplies without new grounds after a previous rejection, or fails to appear for interviews at least three consecutive times.
Rights groups argued that the proposal would weaken procedural safeguards for asylum seekers and worsen problems in a refugee review system they say is already understaffed and poorly equipped.
“We are deeply alarmed by this revision attempt, which seeks to shake the foundations of refugee protection,” said Lee Hyun-seo, an attorney with public interest law firm Yoon & Yang Pro Bono Foundation.
Lee said the amendment could deprive applicants of the opportunity for a fair review and clash with international law and norms.
“States that are party to the Refugee Convention have an obligation under international law to substantively examine whether an asylum seeker qualifies as a refugee under the convention,” Lee said. “The UN Refugee Agency has also made clear that all applications, even those that are ‘manifestly fraudulent,’ cannot be rejected at the filing stage.”
Activists also argued that the proposed grounds for dismissal fail to reflect the realities faced by asylum seekers in Korea.
They said many asylum seekers can obtain supporting documents only with help from third parties, making it difficult for them to independently verify the authenticity of every document they submit.
They also pointed to weaknesses in the system for confirming whether interview notices are properly delivered. Asylum seekers often have difficulty opening mobile phone accounts, and many do not have stable housing where mail can be reliably received, they said.
The activists were especially critical of the clause that would allow authorities to dismiss repeat applications, saying it could block applicants from seeking another review even when earlier reviews were flawed.
Lee Jong-chan, an attorney with public interest law group Advocates for Public Interest Law, criticized the proposal as an “administrative convenience-oriented approach,” saying it was especially concerning given that Korea’s refugee recognition rate remains below 2 percent.
“It is hard not to think of administrative convenience when the government says it will skip the review process by attaching the label of ‘dismissal,’ even though it knows a review is necessary,” Lee said.
Bwelungu Nombi Henry, a refugee from the Democratic Republic of Congo, said his own experience showed why repeat applications should not be treated as grounds for dismissal.
“I also had to apply several times before obtaining refugee status, and it was only through a court ruling that I was finally recognized,” he said. “If this bill passes, we will be deprived even of the right to seek another review or raise objections to decisions that clearly violate our rights and human dignity as refugees.”
The groups said Korea should first address problems in the refugee review process instead of creating new procedures to reject applications at the preliminary stage.
“What needs to change is the structure of refugee screening and the support infrastructure,” Lee of APIL said. “The government should increase the number of trained screening personnel, make interpretation and translation support mandatory, and guarantee legal assistance from the initial stage.”
He added that Korea should move toward a “positive fast-track review” system that quickly grants protection to applicants from countries where the risk of persecution is clear.
seungku99@heraldcorp.com
