Holding a refugee applicant in an airport repatriation waiting room for about 5 months ruled unlawful

Who this helps

This may help people curious about a foreign national who applied for refugee status at an airport, was denied entry, and stayed in a repatriation waiting room. It cannot be assumed to apply as is to every similar case.

Case overview

Court

Incheon District Court

Posted on original board

May 1, 2014 (Thu)

Topic

Refugees

Original title (Korean)

난민신청을 한 외국인을 5개월가량 인천공항 내 송환대기실에 수용한 행위를 위법하다고 본 사안

A foreign national who applied for refugee status at Incheon Airport received a decision denying entry. The person filed an administrative lawsuit against the decision not to refer the case for refugee status review. From the day of arrival, the person could not leave the airport repatriation waiting room and stayed there eating chicken burgers, cola and similar food, without proper bedding.

Is it unlawful to hold a refugee applicant in an airport waiting room for about 5 months?

A foreign national applied for refugee status at Incheon Airport and received an entry denial. The person also filed an administrative lawsuit against the decision not to refer the refugee application for review. From the day of arrival, the person could not leave the repatriation waiting room. The dispute was whether a foreign national denied entry can seek relief under the Habeas Corpus Act. The court said yes and found the detention unlawful.

How the court ruled

The court held that a foreign national denied entry can also seek relief under the Habeas Corpus Act. It found that the claimant in the repatriation waiting room is a person detained under the Act, and that both the Airline Operators Committee and the Immigration Office are parties that detained the claimant. The court found the detention unlawful, stating that there is no legal basis for establishing and operating the repatriation waiting room and that an administrative purpose does not remove the unlawfulness.

What to check in a similar situation

The legal basis for setting up and running repatriation waiting rooms, and the relief procedure under the Habeas Corpus Act, can be checked with immigration offices or the courts.

• Find your immigration office
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• Contacts: Immigration Contact Center 1345

Terms explained

Habeas Corpus Act

A law that lets a person ask a court for relief when held or confined without a legal basis.

Repatriation waiting room

A space at the airport where a person denied entry stays until sent back. In this case, the court found no legal basis for setting it up and running it.

Decision not to refer for refugee review

A decision not to send a refugee application on to the full review process. The foreign national in this case filed an administrative lawsuit against it.

More rulings on this topic

• Court upholds refusal of refugee status, finding a family property dispute is not a ground for recognition · Jeju District Court
• Ruling that upheld the cancellation of refugee status granted on the basis of false statements · Seoul Administrative Court
• Ruling Cancelling Decision Not to Refer Guinean National's Refugee Application for Examination · Busan District Court

See all 29 rulings on Refugees →

Frequently asked questions

Who brought the case and why?

A foreign national who applied for refugee status at Incheon Airport and was denied entry argued that being held in the repatriation waiting room was unlawful.

How did the court rule?

The court held that a foreign national denied entry can seek relief under the Habeas Corpus Act. It found the detention unlawful because there was no legal basis and an administrative purpose does not remove the illegality.

Does this result apply as is to similar cases?

This is the court's decision in that case and does not apply as is to other cases.