An Egyptian human rights lawyer, Mr. A, who has been detained at Incheon Airport for over four months, has been granted the right to undergo a formal refugee review by a court ruling.
Judge Lim Jin-su of the Incheon District Court’s Administrative Division 1 overturned the decision made by the Director of the Incheon Airport Immigration and Foreigners’ Affairs Office on July 11 to not refer Mr. A’s case for refugee status determination. The court ruled that the Immigration Office’s application of an exception clause stating ‘refugee applications made at the airport may be excluded from formal refugee screening if there are no clear grounds for refugee status’ was invalid, and that Mr. A must undergo formal refugee screening.
Mr. A arrived at Incheon International Airport on June 25 and applied for refugee status on July 7. He stated that he had faced persecution in Egypt for defending individuals arrested by the National Security Agency for joining banned organizations or possessing certain books. He reported that he was monitored by the National Security Agency every time he traveled abroad and was summoned multiple times per month, sometimes suffering physical assault. The UN Special Rapporteur on human rights defenders has previously issued statements criticizing the Egyptian government for targeting human rights lawyers.
On July 11, the Immigration Office determined that Mr. A was “clearly not a refugee” and did not refer his case for refugee screening. The reasons cited included discrepancies between the content of his refugee application and his statements during interviews, as well as his history of traveling to multiple foreign countries. Mr. A has been detained at Incheon Airport for over four months as of today.
Judge Lim ruled that the Immigration Service’s decision not to refer Mr. A for refugee status determination was “illegal.” Judge Lim noted that Mr. A could have faced persecution in his home country due to his political views, and that some discrepancies in his answers might have stemmed from limitations in interpretation. Regarding the Immigration Office’s claim that Mr. A had no grounds for refugee status, Judge Lim stated, “Such a claim must be clearly contradictory on key facts or significantly at odds with objective evidence, but there is no evidence to support this.”
Regarding the non-referral decision procedure, Judge Lim stated, “The intent is not to permit simplified operation of the refugee review process, but to enhance the efficiency of the review process,” adding, “Care must be taken to ensure that foreigners applying for refugee recognition during immigration screening at ports of entry do not have their rights under the Refugee Act substantially excluded.”
If the Immigration Office does not appeal, Mr. A will be released within two weeks and able to undergo a formal refugee review. Lee Sang-hyun, a lawyer representing Mr. A from the public interest law firm Duru, stated, “Korean society has achieved democratization on the dedication of human rights lawyers who opposed authoritarian regimes. Likewise, more active support is needed for human rights lawyers applying for refugee status.”
