Today, let's look at the points to consider and the examination criteria when applying or re-applying for asylum with a G1 visa.
Definition of a Refugee
A refugee is a foreigner who is outside their country of nationality due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion, and is unable or unwilling to avail themselves of the protection of their country of nationality or, in the case of stateless persons, of the country of their habitual residence.
1.Religion
- Cases of discrimination based on membership in a religious group, individual or public worship, prohibition of religious education, or affiliation to a specific religious group.
2. Political opinion
- This includes external expression of pure political opinions, participation in political struggles, individual-level rebellious activities or human rights activities, and other political activities [deliberate or non-deliberate].
3. Membership in a particular social group
- Usually composed of individuals with similar backgrounds, habits, or social status.
Examples) Domestic violence, homosexuality, one-child policy, female genital mutilation, etc.
4. Race
- Race is generally interpreted broadly, including all kinds of groups referred to as races.
Examples) Myanmar's Chin, Karen, Rohingya, and Bangladesh's Jumma people.
5. Nationality
- It includes not only the nationality of a specific country but also membership in a specific ethnic, religious, cultural, or linguistic group.
Elements of Refugee Recognition
● Subjective elements - Fear is a subjective element, but it must have a reasonable basis. - However, even if the fear is exaggerated, the applicant's psychological state should be assessed considering their personal circumstances. ● Objective elements - The applicant's statement is evaluated in relation to the situation in their country of origin. - Indirect experiences faced by the applicant's friends, family, or other members of the same ethnic group (social group) are also part of the objective elements. - Simple possession of a valid passport does not hinder refugee status recognition. ※ The process of issuing a passport and departure statements are verified. ● Persecution - Persecution is usually related to the actions of state authorities. - However, if a non-governmental actor engages in discriminatory or aggressive behavior, and such behavior is deliberately ignored by state institutions and effective protection is absent or impossible, it can be considered persecution. ● Discrimination - Being subjected to unfavorable treatment due to social discrimination does not make someone a victim of persecution. - However, if such discrimination imposes significant restrictions on the right to maintain a livelihood or the right to practice one's religion, it can be considered persecution.
Criteria for Refugee Recognition
1. Truthfulness of the application, consistency and validity of statements
- Consistency of statements regarding reasons for persecution, and their correspondence with objective facts such as reports.
2. Possibility of persecution upon return
- The possibility of the state's awareness through proactive anti-government protests, reports, or internet postings.
3. Situation in the country of origin
- The existence of persecution policies (laws, systems, customs, etc.) in the persecuting country, and the actual persecution situation in the persecuting country.
4. The perpetrator and scope of persecution
- Whether the persecution is carried out by a state (government) institution (excluding personal or group conflicts of interest).
Precautions after applying for refugee status
① You must obtain permission before starting employment.
② During the period of maintaining refugee applicant status, you must obtain permission for employment activities outside your residency status within the allowed stay period.
③ If you change your workplace to a new location, you must obtain permission for activities outside your residency status again before making the change, even if you still have time left on your previously granted permission.
④ You must work for the same employer and user, and you cannot work for a job placement agency, temporary employment agency, or in a daily or dispatched employment format.
⑤ If you want to work in a professional field, you must meet the qualifications required by the relevant laws and obtain permission again.
※ Fines of up to 30 million won may be imposed depending on the period of violation.
Checklist for reapplying for refugee status after non-recognition:
① Whether you have family or relatives in Korea,
② Whether you have left Korea after applying for refugee status,
③ Where you have stayed in Korea until reapplying for refugee status,
④ Whether you have been arrested or punished for committing crimes in your home country or a third country,
⑤ What are the new reasons for persecution (when, where, why),
⑥ If there is a significant change in the political situation in your home country related to persecution, what is the content,
⑦ What are the new documents you plan to submit this time,
⑧ Whether there have been changes in family composition, residence history, religion, etc., since the last refugee application,
⑨ What were the reasons for persecution claimed in the last refugee application,
⑩ Who would likely persecute you if you returned to your home country, and what incidents might occur,
⑪ Why didn't you claim new persecution during the last review,
⑫ What are the reasons for continuing to stay in Korea, other than fearing persecution if you return to your home country?
※ The review for reapplying for refugee status is more stringent.
Therefore, when reapplying for refugee status, it is necessary to check the above matters beforehand.