The Challenges of Justifying Refugee Status as Seen
in the Cases of Rejection in Korea’s Refugee Status Determination :
the Proof of Fear of Persecution, the Assessment of the Credibility of Statements,
and the Proper Use of Country of Origin Information
Jun Soo-yeon
[Korea, Advocates for Public Interest Law]
Convention relating to the Status of Refugees and the Republic of Korea’s Refugee Act. In refugee status determination, two key requirements are “fear of persecution” and the “well-founded fear.” This presentation examines cases of refugee litigation that took place in courts and the Korea Immigration Service to review how “fear of persecution” is interpreted and proved, how the credibility of statements is assessed, and whether country of origin information (COI) is used and considered properly in reviewing and determining refugee status.
.
.
.
Given that it is difficult to submit direct evidence that proves persecution in refugee cases, Korea’s Supreme Court has ruled that if the applicant’s statements are credible, the presence of persecution should be deemed to have been proved. In some cases, however, refugee status was denied or rejected if no direct evidence of persecution was submitted despite the fact that statements regarding the presence of persecution were consistent and credible.
The Challenges of Justifying Refugee Status as Seen
in the Cases of Rejection in Korea’s Refugee Status Determination :
the Proof of Fear of Persecution, the Assessment of the Credibility of Statements,
and the Proper Use of Country of Origin Information
Jun Soo-yeon
[Korea, Advocates for Public Interest Law]
Convention relating to the Status of Refugees and the Republic of Korea’s Refugee Act. In refugee status determination, two key requirements are “fear of persecution” and the “well-founded fear.” This presentation examines cases of refugee litigation that took place in courts and the Korea Immigration Service to review how “fear of persecution” is interpreted and proved, how the credibility of statements is assessed, and whether country of origin information (COI) is used and considered properly in reviewing and determining refugee status.
.
.
.
Given that it is difficult to submit direct evidence that proves persecution in refugee cases, Korea’s Supreme Court has ruled that if the applicant’s statements are credible, the presence of persecution should be deemed to have been proved. In some cases, however, refugee status was denied or rejected if no direct evidence of persecution was submitted despite the fact that statements regarding the presence of persecution were consistent and credible.