It has been argued that minimal legal assistance should be provided to so-called ‘airport refugees’ who are staying for a long time in the Incheon International Airport transfer area.
On the 21st, the Incheon Regional Bar Association (Chairman Ahn Gwan-ju) and the Korean Mission to the UNHCR held a ‘presentation on cases of public interest activities in support of refugees’ in the seminar room on the first basement floor of the Korean Bar Association Building in Seocho-dong, Seoul. The presentation was sponsored by the Korean Bar Association (Chairman Kim Young-hoon).
On this day, lawyer Soojin Choi (bar exam 44th) gave a presentation on the topic of ‘Introduction to the Incheon Airport Refugee Case Success Case’.
Attorney Choi said, “Foreigners who applied for refugee status at Incheon Airport but received a decision of non-referral for refugee recognition screening must stay at the airport until the first trial ruling to cancel the non-recognition decision is made.” “While staying at the refugee support facility, they cannot leave the facility,” he explained.
He continued, “In order for a lawyer to meet a foreigner staying at Incheon Airport or a refugee support facility, he or she must submit an application for a meeting in advance before visiting the airport or facility,” adding, “This is a situation close to a kind of ‘detention’, like meeting a detained suspect.” “He complained.
He also said, “Even if the state lifts the ‘restriction on movement to location,’ it is not easy to continue the lawsuit due to costs, etc.” He also said, “If the court does not decide to waive the cost of the lawsuit, lawyers may help at their own expense.”
At the same time, he said, “If you do not receive a free legal defense certificate, the fact that you are not exempted from a transit pass also acts as a burden,” and “As these problems continue to arise, it often leads to a decrease in motivation along with the thought of ‘what is the scope of lawyer assistance?’” He emphasized.
Attorney Choi argued that foreigners who are in the process of filing a lawsuit to cancel a decision not to submit for refugee status recognition should be guaranteed their “right to receive assistance from a lawyer.”
He said, “The current refugee law was enacted and implemented by the state, and the state is also the one responsible for allowing those who received a favorable ruling in the first trial to cancel the decision not to refer the refugee status review to remain in the facility,” adding, “It is essential for detained suspects and defendants.” He said, “Just as a public defender is appointed, the state must provide legal assistance to foreigners who are forced to stay in a certain place and are suing to cancel the decision not to refer the person for refugee status recognition.”
Jong-chan Lee (49th bar exam), lawyer at the Public Interest Law Center, said, “We must provide ‘minimum assistance’ so that applicants for refugee recognition in the departure waiting room can proceed with the appeal process against the decision of non-referral in a timely manner,” and “When notified of the decision of non-referral, He argued, “There is a need to support the process by providing specific guidance on how to appeal and providing the reasons for the decision to refuse in English.”
He continued, “Even in the case of foreigner shelters, this ‘minimum assistance’ is currently being implemented in practice,” and “Even if we look at legal assistance cases in countries such as the Netherlands, Switzerland, and France that operate immigration screening systems, ‘minimum assistance’ is provided immediately.” “It must be done,” he emphasized.
Many overseas countries provide minimal assistance to these foreigners. The Netherlands guarantees all airport and border asylum seekers the right to free legal assistance. The application center has a resident lawyer, and the government-funded Legal Aid Board is responsible for appointing litigation representatives and managing scheduling. Switzerland provides free legal assistance to those who apply for asylum at the airport until the asylum process is completed. In France, applicants who receive a non-referral decision at the port of entry can file a lawsuit in the administrative court within 48 hours and can appoint a lawyer free of charge during the lawsuit.
In May last year, the Incheon Airport Association formed the ‘Incheon Airport Refugee Support Lawyers’. The lawyers have been meeting refugee claimants at the airport, providing legal advice, and representing them in lawsuits, and won 7 out of 17 cases in which they provided litigation support.