recommendation of the NHRCK must be implemented immediately.
Issue 13. Refugee Protection System10
13-1. Improvement of Refugee Application Procedure and Treatment at Port of
Entry and Departure
73. The percentage of the decision on referral to refugee status screening at the port
of entry and departure is shown in Table 3, and when the decision is made on
non-referral, the applicant will be denied entry and stay in the waiting room
for repatriation process.
[Table 3. Referral of Refugee Applicants at Port of Entry and Departure]
Classification
Application(A)
2013
2014
2015
2016
26
141
400
187
Referral(B)
15
52
287
61
Non-referral (C)
11
89
113
126
57.7%
36.9%
71.8%
32.6%
Ratio of Referral
(B/A×100)
74. In general, about 99% of aliens sent to the waiting room will be repatriated
within four days. However, if an alien whose application for refugee status
was not referred file a suit against the decision on non-referral, he or she will
have to stay for a long time in the waiting room. As of September 2016, all
foreigners who have stayed in the waiting room for more than three months
were refugee applicants, and they have stayed there for 8 to 11 months.
75. The problem is that the waiting room is not suitable for long-term stays of
several months. Through transparent walls, staff can monitor 24 hours, while
there is a no sunny window, bed or bedding. There are only benches provided
in the room, and when the number of accommodated people exceeds the
acceptable number of people, there are not even enough benches to go around.
Then, they have to gather chairs and sleep on them or on paper boxes.
76. In 2016, the NHRCK recommended to amend the relevant law to refer the
10
Statistics and information on current status were referred to the Research on re-establishment of
a guideline on human rights of migrants by the NHRCK in 2017(pp. 195-204), which was submitted
by the Ministry of Justice upon the request of civil society organization to disclose administrative
information
17