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The Korean Refugee Law Amendment Bill was officially promulgated and implemented

Time2021-08-02     Authoradm-South KoreaReserved   FromReligion and Truth   Read

The Refugee Act was considered by Congress and partially amended on 27 July, announced by presidential decree (No. 31907), and partially amended by the Rules of Implementation of the Refugee Act to the Ministry of Justice Order (No. 1013), which will come into effect on 29 July.

In addition to article 10, paragraph 1, and annex 14, of the amendment to the Refugee Act, the provisions on refugee objections came into effect on 1 January 2022.

First, from the contents of the Act's executive order published as a presidential decree (No. 31907), in the refugee identification examination of refugee applicants at the entry and exit points of article 5 of the Refugee Act, the person will not be submitted for refugee identification examination if any of the following numbers are met.

(1) There are substantial grounds for determining that there is a risk of endangering the security or social order of the Korean People's Party;

(2) if the identity cannot be confirmed without answering questions about personal data;

(3) The submission of false documents, etc., concealing facts in order to obtain refugee certification. Except where I do not hesitate to voluntarily declare this fact;

(4) When there is no possibility of persecution when a safe State comes from or comes from a safe state;

(5) If a person who has not been certified as a refugee or who has been cancelled has been re-certified as a refugee in the absence of a significant situation;

(6) When there are substantial grounds to determine that any of the conditions of article 19 numbers are met;

-07 In addition, when a refugee who has obtained refugee certification, etc., for economic reasons, has no clear reason to apply.

As long as one of the above items is met, the Minister of Justice will not refer that person to the refugee identification review. In other words, refugee applications are not accepted. In addition, reapplying becomes difficult in the future before the refugee review, i.e. before the reapply examination.

In the case of an objection application, the Minister of Justice will make a "refugee determination decision" if he considers the objection to be justified, a "rejection decision" if the objection application is found to be unjustified, and a "rejection decision" if the objection application is unlawful. However, article 2 When extending the humanitarian detention permit and determining that the refugee applicant is not a refugee, when making a decision to reject the application against it, the Minister of Justice makes an application for objection on the basis of the refugee's disapproval decision, and the notice of refusal is reviewed, expressly stating "humanitarian detention permit" and granting the right to remain. In addition, if you obtain a change permit or an extension of the stay, you can continue to stay. The "humanitarian detention permit" will also be decided through a review.

In the Ministry of Justice Order (No. 1013), which came into effect on 29 July, persons who object to a decision not to recognize a refugee or to cancel or withdraw a refugee's accreditation must submit information explaining its causes.

The existing amendments (programmes) prevent abuse of the system by restricting repeated applications for refugee applications, the creation of new Ganzhou provisions for the withdrawal of refugee identification applications, the efficiency of refugee identification examination, and the establishment of new provisions to punish persons who apply for refugee identification by improper means.

The main content is to restrict applications for objections and administrative trials for those who have not undergone significant changes and have repeatedly applied for refugee certification to be examined for eligibility by the refugee certification examination and those who have received a decision on non-conformity here.

As can be seen from the above-mentioned presidential decree, even if a decision to reject or reject the non-recognition of refugees is taken without objection, the conditions for a humanitarian stay permit may be met upon review.

The focus is on investigating the strengthened part of refugee review and the reasons for reapplying prior to the refugee review, which has become difficult to reapply for in the future. Humanitarian detention will also be determined through a review.

Finally, the amendment to article 5, paragraph 7, applies to persons applying for refugee certification under article 6 of the law prior to the implementation of the operation, as well as to persons who have not yet decided whether to submit a refugee certification review at the time of operation.

It is worth noting that the judicial provisions on the dissenting part of Korean refugee law, namely, article 10, paragraph 1, annex 14 of the amendment, will enter into force on 1 January 2022.

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