Ministry of Justice Establishes and Publishes Guidelines for Refugee Appeal Applications

[Asia Economy Reporter Kim Hyung-min] In the future, when an appeal is filed after refugee recognition is denied, the schedule for the statement of opinion will be notified in advance to provide preparation time, thereby ensuring stronger protection of rights.

The Ministry of Justice announced on the 11th the establishment of the "Guidelines on the Receipt and Processing of Refugee Appeals" containing this content. The guidelines will take effect immediately on the same day.

The refugee appeal system is a procedure to request relief against decisions of refugee denial, cancellation, or withdrawal of refugee recognition. It can be filed within 30 days from the date of notification of the disposition, and the Minister of Justice respects the review and resolution of the Refugee Committee when making the decision.

The guidelines require that when the Refugee Committee summons the applicant or related persons for a statement, notification must be given at least 7 days in advance to allow preparation time. If direct attendance is difficult, oral statements can be replaced by written documents. It also includes provisions that refugee investigators involved in the denial decision cannot investigate the appeal.

The guidelines also specify the basis for operating an advisory committee to the Refugee Committee, composed of about 40 experts in fields such as the applicant's country of origin circumstances, religion, and human rights. Until now, refugee appeals were regulated only in part by non-disclosed internal guidelines, leading to criticism of being a "black box."

According to the Ministry of Justice, the number of refugee appeals was 4,068 in 2019, 5,956 in 2020, and 4,718 last year, with about 4,000 to 5,000 cases annually. From January to August this year, 2,149 appeals were filed.

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