What Are the Procedures for Refugee Status Determination?

General information

Definition / Requirements General Procedure Permission to stay and work Procedural Rights

  

What Are the Procedures for Refugee Status Determination?
(To see a flowchart)

Followings are the procedures for refugee status determination

• Submission of an Application of Recognition of Refugee Status
• Pre-assessment (for a referral)
  - The pre-assessment of the application at a port of entry is to determine whether a claim can be referred to further refugee status evaluations.
• Determination whether to refer the case
  - The respective Office Chief and Immigration Officers shall decide whether to refer a refugee status applicant at a port of entry, to the next refugee status evaluation stage within seven days of the date on which a claim was filed.
  - If the Office Chief or Immigration officers fail to make the decision within seven days, the referral is deemed decided and the applicant shall be permitted to enter
  ※ Your refugee application may not be referred, if:
  - Your presence in the Republic of Korea is considered harmful to the public safety and order of the nation;
  - Your identity is unable to be confirmed because you did not complied with the procedure;
  - You concealed facts in the application through means that include, but are not limited to, the submission of false documents or false statements. (However, if you voluntarily reported this fact without delay, this provision shall not apply to your case);
  - Your origin is a safe country without the danger of persecution or if you are from a safe country;
  - You re-applied for refugee status without material change in circumstances after your previous application was denied or previous refugee status recognition was cancelled;
  - You are applied with the reasons for not granting refugee status, in accordance with the Refugee Convention and/or Article 19 of the Refugee Act; Or,
  - You file for refugee status without clear grounds.
• Notification of referral/non-referral
  - The respective Office Chief or Immigration officers shall notice the determination of referral/non-referral to the refugee status applicant without delay.

Refugee Status Application at Immigration Office with Jurisdiction over Applicant's Residence
(To see a flowchart)

• How do I apply for refugee status at an Immigration Office?
  - You must be present in the territory of the Republic of Korea and submit a refugee status application in writing to the Office Chief or immigration officers in charge
• You must submit an Application for Recognition of Refugee Status
• After your submission of the application, a Receipt of Refugee Status Application will be issued
  - The Officer Chief or immigration officers in charge shall issue a Receipt of Refugee Status Applicationimmediately after receiving the application.