1. Application for asylum and registration

You can apply for refugee status either at a port of entry (e.g., at airports) or after you have entered South Korea. If your application is not referred to the Refugee Status Determination procedure, you may be able to file an administrative lawsuit (appeal) to a Korean court. If you have questions about the appeal procedures, please contact UNHCR or one of the legal-aid organisations listed below for help.  

• Applying for refugee status at a port of entry

When you express your intention to apply for refugee status at a port of entry at the time of immigration inspection, you will be given a written Application for Refugee Status Determination (RSD) (if any of the hikorea.go.kr links appear in a language you cannot read, (1) wait for the page to fully load and (2) change the language from the top right of the page. This will lead you to the homepage. (3) Press back and (4) reload the page).

If you apply for refugee status at the port, you must go through a pre-screening assessment. This will decide if your application will be referred to the RSD procedure within 7 days. The pre-screening assessment to determine whether your application will be referred to the RSD procedure considers the following factors:

• • If there are substantial grounds to believe that you are a danger to the safety and public order of South Korea;
  • If your identity cannot be verified due to your failure to answer questions about personal details;
  • If you attempt to gain refugee status by concealing facts or falsifying documents;
  • If you are from or have arrived from a safe country where there is little risk of persecution;
  • If you are reapplying without a material change in your circumstances when you have previously been denied refugee status in South Korea or have had your refugee status revoked;
  • If your refugee claim is found clearly groundless. For example, you are seeking refugee status exclusively for economic reasons.

• Applying for refugee status after entering South Korea

If you would like to apply while within the country, you will need to go to a local immigration office to apply for refugee status in South Korea in person. You can find contact information and address of the immigration offices here.

To apply, you must provide a written Application for RSD in person. You may be accompanied by a lawyer, interpreter, etc. to assist with filling out the Application for RSD.

If you are a minor under 19 you can either apply yourself or have a legal representative apply on your behalf. If you do not have a legal representative, a Specific Guardian chosen pursuant to Article 14-2 of the Civil Act may apply for your refugee status.

2. Processing of the asylum application 

The decision on your Application for RSD is typically made within 6 months from the date of submission. In certain situations, this period may be extended for up to an additional 6 months.

The Certificate of Refugee Status Recognition or Notice of Non-Recognition of Refugee Status can both be issued from any local immigration office. 

In accordance with Article 18(6) of the Refugee Act and Article 11(3) of the Enforcement Decree of the Refugee Act, both the Certificate and Notice can be issued to you or your “representative,” which includes spouse, parent, child, grandchild, legal representative, or, if a minor, Specific Guardian chosen pursuant to Article 14-2 of the Civil Act.

The “representative” must submit the following:

• • If a spouse, parent, child, or grandchild:
    • Documents to prove the family relationship.
    • If such documents cannot be provided due to unforeseen circumstances, the representative will be acknowledged only if the applicant has noted the representative in the family relationship section of the RSD application. If so, the representative must submit a power of attorney along with copies of the IDs for both the person giving permission and the person receiving it.
  • If a legal representative or Specific Guardian:
    • Power of attorney, copies of the IDs for both the person giving permission and the person receiving it, and documents to prove their relationship.

3. Outcome of the application

If you are issued a Notice of Non-Recognition of Refugee status, you can file an appeal with the Minister of Justice within 30 days of receiving the notice. If you file an appeal with the Minister of Justice, you cannot file an Administrative Appeal. An Administrative Appeal can be filed within 90 days from the date you became aware of the decision. However, regardless of which appeal process you choose to pursue, you may still file administrative litigation against a disposition such as a decision of non-recognition of refugee status.

According to the Guide to Refugee Appeal Process, filing an appeal with the Minister of Justice provides a specialized review by the Refugee Committee consisting of internal and external experts familiar with refugee matters. The Administrative Appeal, on the other hand, generally focuses on relieving citizens from the infringement of rights or interests caused by any illegal or unjust disposition or omission of public power by administrative agencies. 

This appeal can be filed at any local immigration office. You must submit the objection form (“Application for Appeal”) along with documents that support your claim to the head of the local immigration office. If you are a minor, you can either apply individually or through a legal guardian. If there is no legal guardian, a Specific Guardian chosen pursuant to Article 14-2 of the Civil Act may apply on your behalf. If you are an adult, you must apply individually and not through a representative.

The Minister of Justice must make a decision on the appeal within 6 months of receiving the appeal. In certain situations, this period may be extended for up to an additional 6 months. If you filed an Administrative Appeal, a decision will typically be rendered within 60 – 90 days.

For more information, see links below: 

• Ministry of Justice Korea Immigration Service website (ENG/KOR)
• Ministry of Justice Guide to Refugee Appeal Process (ENG)
• List of local immigration offices (ENG)
• UNHCR Guide: Applying for Asylum (Republic of Korea)
• Guide created by Migration to Asia Peace (a non-profit organisation): The Summary of Refugee Application and Appealing Process in South Korea.