NANCEN will try to recover rights of subsequent asylum seekers(reapplicants)
The Ministry of Justice imposes restrictions on refugee reapplicants through closed internal guidelines in order to restrict and suppress refugee reapplications. According to the recently released ‘Refugee Status Guidelines by Ministry of Justice(2020.04)’, refugee reapplicants are refusing to extend their status, giving them a departure period, and suspending the departure period for two to three months during the RSD process.
As a result, most refugee reapplicants are legally blocked from living support, medical support, housing support, and work permits under the Refugee Act, cannot be covered by health insurance, have difficulty visiting medical institutions, and cannot open cell phones, withdraw money from bank accounts, or use living facilities.
During the RSD process, However, the government should protect the right to survive of refugee applicants, which is supported by the Constitution and international regulations on Human Rights. This should apply to refugee reapplicants who have no choice but to apply for refugee again due to significantly low refugee recognition rate, insufficient refugee screening capacity, insufficient legal supports, and so on.
It is absurd for the Ministry of Justice, which has not been fair and sufficient in screening, to not take responsibility for it, but to express refugee applicants as abuse of the system, limit their rights by secret guidelines, and effectively force them to leave the country. The current status guideline applicable to refugee reapplicants is illegal and unconstitutional as they violate the right to survive of refugee applicants. I hope that discussions will go on and continue to restore the rights of refugee reapplicants, starting with recent rulings by the court and the National Human Rights Commission.
Kim Yeonju
reference : www.nancen.org/2260
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