Asylum seeker at airport allowed to visit hospital
A man seeking asylum status in Korea was allowed to leave Incheon International Airport and enter the country after being stuck there for 14 months, as his refugee application had been denied.
Incheon District Court made a ruling, Tuesday, to allow temporary dismissal of his status as an “internee” and granted him the right to stay at a local hospital in order to undergo medical treatment. The man, whose nationality was not revealed, fled his home country due to political persecution and arrived at Incheon International Airport in February 2020. But his refugee application was denied by the Ministry of Justice, as the final destination of his flight was another country, with Korea as a transfer point. Refugees can make applications as asylum seekers at immigration checkpoints. Since that time, he had been living in the transit zone of the airport. He was reported to have suffered from a hernia due to a disease contracted while en route to Korea, and his condition deteriorated during his time spent at the airport.
In June of last year, the court ruled that it was illegal for the Ministry of Justice not to initiate a screening procedure for his refugee application, but the ministry has appealed that ruling. This time, the court acknowledged his status as an “internee” and temporarily lifted the status so that he can receive medical treatment at a local hospital while limiting his place of stay only to the hospital. Under the Protection of Personal Liberty Act, a person who is staying at a state-run medical or protection facility against their own free will is defined as an “internee.” A court may temporarily lift this status if an urgent need to prevent physical damage is deemed.
“He has been left stranded in the airport transit zone for 14 months, with virtually no protection of privacy, or access to any medical services, to guarantee his basic human rights.
It is likely that spending more time in the airport will lead to physical harm,” the court said in its ruling.
Lawyer Lee Han-jae from the Duroo Association for Public Interest Law, the man’s legal representative, called it a landmark ruling as local courts have never recognized airport dwellers as “internees.”
“This ruling is the first of its kind to recognize an asylum seeker staying at the airport transit zone as an internee. The Ministry of Justice has argued that a transit zone is an open place where people can freely move around or depart, so people staying there do not fall into the category of internees,” Lee said.
The new ruling recognizing airport dwellers as “internees” enables them to get access to medical care when deemed necessary.
“The ministry should prepare a system to allow for the entry of refugee applicants staying at the airport and begin screening procedures, as well as take measures to guarantee their human rights,” he added.