“Is It Possible for Foreigners Detained in Immigration Detention Centers to Apply for a Refugee Visa (G‑1‑5)?

 Even if a foreigner is detained in an immigration detention center, it is still possible to apply for refugee status, and the places where applications can be filed explicitly include both ‘immigration offices’ and the ‘head of the immigration detention center.’ However, when proceeding with the procedure, it is important to consider at the same time the issues of forced deportation, continuation of detention, and the possibility of temporary release from detention.

 

1. Legal Basis for Applying for Refugee Status from Inside a Detention Center

 

- Refugee‑related laws and manuals state that an application for refugee recognition may be submitted to ‘the head of the competent immigration office, the head of its branch office, or the head of the immigration detention center.’

- Because foreigners detained in a detention center do not have freedom of movement, in practice it is explained that ‘in reality there is virtually no option other than applying for refugee status through the head of the detention center.’ In other words, even if a person is already detained, the procedure can be initiated ‘by submitting the refugee application form from within the detention center.’

 

2. Concrete Application Method (While Detained)

 

o Where to apply

- The applicant submits the refugee recognition application form to the **head of the immigration detention center** where they are currently detained.

 

o Application documents

- It is common practice to prepare: the application form for recognition of refugee status (Ministry of Justice prescribed form), a passport or identification documents (or a written statement of reasons if these are unavailable), and a written statement and evidence explaining the grounds for persecution in the home country.

 

o Processing procedure

- Applications received at the detention center are forwarded to the competent immigration office, and thereafter an officer in charge of refugee matters conducts medical checks, interviews, and fact‑finding investigations, then reports to the Minister of Justice, who decides whether to grant refugee status, deny refugee status, or grant humanitarian stay.

 

Thus, being inside a detention center does not mean that ‘application itself is impossible’; rather, you can understand it as ‘the application window is limited to the head of the detention center.’

 

3. Relationship with Departure Orders and Forced Deportation

 

- Under the structure of the relevant refugee laws, once a refugee application is filed and received, the applicant is granted the right to remain in Korea until a final decision is made (and, in the case of an appeal to the administrative court after a denial, until the litigation is concluded).

- Even if a person has already received a deportation or departure order, once a refugee application is formally received, ‘the enforcement of that order is, in principle, put on hold, and refugee screening and litigation procedures take precedence.’

 

However, if an application appears to be ‘filed at the very last moment solely to buy time before deportation,’ the credibility and sincerity of the claim will be assessed very strictly in the screening process.

 

4. Strategy of Combining Refugee Application with Temporary Release from Detention

 

Even if a refugee application is filed from inside a detention center, remaining in long‑term detention imposes a heavy burden in terms of human rights and health.

 

- Temporary release system

- Under the Immigration Control framework, the **temporary release system** allows for release from detention under conditions such as the deposit of a security bond (up to 20 million KRW) and residence restrictions.

- Those who may request temporary release include the detained foreigner themself, a guarantor, legal representative, spouse, lineal family members, siblings, and legal counsel.

 

o Criteria for review

- Whether there is a risk of serious harm to life or physical safety, or a risk of irreparable financial damage.

- Authorities also comprehensively consider risks to national security, public order, and public health, the existence of criminal conduct, risk of flight, and other humanitarian factors.

 

Regarding detained foreigners who have applied for refugee status, human rights bodies have recommended that ‘if refugee screening or litigation becomes prolonged, alternatives to detention such as temporary release should be actively utilized.’

 

5. Practical Advice

 

o If you are considering refugee status while detained

1) Submit the refugee application form to the head of the detention center.

2) At the same time or shortly thereafter, consider applying for temporary release (with conditions such as a security bond and obligations regarding residence and reporting).

3) It is advisable to organize, as a single narrative, the refugee grounds (risk of persecution), the history of entry and stay, and any overstay or other violations.

 

o Using the assistance of administrative agents or lawyers

- Because contact with the outside world and collection of documents are restricted inside a detention center, it is a realistic strategy to appoint an administrative agent or lawyer to handle the preparation of the refugee application and statements, collection of evidence, request for temporary release from detention, and subsequent litigation as a package.

 

In summary, ‘even while detained in an immigration detention center, it is possible to apply for a refugee visa by submitting the application form to the head of the detention center, and, where necessary, it is practically safest to develop a strategy that combines this with the temporary release system in order to secure release from detention.’ end.