Decision finding that keeping an asylum-seeking foreigner in the Incheon Airport transit area for a long time was unlawful detention

Who this helps

This may help people looking into what happens when a foreigner who applied for refugee status is kept in an airport transit area. It covers one case at Incheon Airport.

Case overview

Case number

2020인라8

Court

Incheon District Court

Date of judgment

Aug 9, 2021 (Mon)

Topic

Refugees

Original title (Korean)

난민신청을 한 외국인을 인천공항 환승구역 출국장에 장기간 머무르도록 강제한 것은 인신보호법이 정한 구제청구의 대상이…

The Incheon Airport Immigration & Foreigner Office did not start the refugee status application procedure for a foreigner who had applied for refugee status. It also did not permit the foreigner to enter the Republic of Korea. The foreigner stayed for a long time in the departure hall of the Incheon Airport transit area, a confined space where access to the outside is controlled. A relief request was then filed under the Habeas Corpus Act.

Is keeping an asylum seeker in an airport transit area for a long time unlawful detention?

A foreigner applied for refugee status at Incheon Airport. The immigration office did not start the refugee application process and did not allow entry into Korea. The person stayed for a long time in the departure hall of the transit area, a limited space with controlled access. The court saw this as restricting personal liberty without a legal basis, which counts as unlawful detention under the Habeas Corpus Act. But the detention ended during the case, so the claim was dismissed.

How the court ruled

The court held that forcing the foreigner to stay for a long time in the departure hall, without starting the procedure and without permitting entry despite the refugee application, restricted physical liberty without a legal basis. It judged this to be the unlawful detention that the Habeas Corpus Act treats as grounds for relief. However, the detention ended while the relief proceedings were under way, so the court found that the legal interest in seeking relief had ceased and dismissed the request as moot.

What to check in a similar situation

Information about refugee application procedures and the handling of entry can be confirmed with the immigration and foreigner office. The court that handled the relief claim can confirm the status of such a case.

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

Terms explained

Transit area departure hall

A limited space inside the airport where access to and from the outside is controlled. In this case, the foreigner stayed there for a long time.

Relief claim

A request to a court under the Habeas Corpus Act to end an unlawful detention.

Dismissal

A court ends the case without ruling on its merits. Here, the claim was dismissed because the detention had already ended and a ruling no longer had practical benefit.

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 this case and what was it about?

A relief claim was filed under the Habeas Corpus Act for a foreigner who applied for refugee status. The immigration office had not started the application process or allowed entry, and the person stayed long in the Incheon Airport transit area departure hall.

How did the court rule?

The court found that forcing the person to stay there for a long time, without starting the process or allowing entry, restricted liberty without legal basis. It held this was unlawful detention. It still dismissed the claim because the detention ended during the proceedings.

Does this result apply to every similar case?

No. This is the court's decision in this one case and does not apply as is to other cases.