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๐Ÿ‡ฐ๐Ÿ‡ท South Korea /Energy & Infrastructure

[Exclusive] Victim of 'longest detention at Incheon Airport' granted refugee status after 6 years

From Hankyoreh · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

News Sources not specified Outcome reported
  • After six years and five months, a victim of prolonged detention in Incheon Airport's transit area has been granted humanitarian stay permission.
  • The individual, who fled conflict in the Democratic Republic of Congo, endured 420 days of detention in the airport's transit zone after losing their passport while transiting.
  • Despite initial refugee status rejections, the applicant received humanitarian stay permission due to the risk of severe harm if returned to their home country.

A refugee applicant, who endured a record 420 days of detention in the transit area of Incheon International Airport, has finally received humanitarian stay permission after a six-year legal battle. The individual, identified by the pseudonym Ngoma, fled the Democratic Republic of Congo due to civil war and conflict, seeking refuge in South Korea. However, upon arrival in February 2020, Ngoma lost their passport while transiting, leading to an application for refugee status that was initially denied. This denial initiated an arduous period of detention in the airport's transit zone.

During the 14 months of confinement, Ngoma slept on airport chairs, washed in restrooms, and relied on the kindness of strangers for meals. The prolonged detention severely impacted Ngoma's health, leading to malnutrition and neurological issues. The sight of Ngoma living in the transit area for over a year shocked many international travelers and diplomats, prompting external attention and support. Ngoma sought help from the UNHCR and connected with pro-bono lawyers in South Korea, who filed for a release from detention, which was granted in April 2021.

Surviving in a place that is not my country without a residence status is like the situation of a newborn animal abandoned at birth.

โ€” NgomaNgoma reflects on the hardship of living without legal status after being released from airport detention.

Despite being released from the airport, the legal struggle continued. Ngoma's refugee status was denied again by the Supreme Court in November last year, though a court did recognize the illegality of the prolonged airport detention in August 2021. A state compensation lawsuit was also filed but dismissed by the Supreme Court in December. However, based on a UN Human Rights Committee recommendation that the airport detention violated international covenants, Ngoma's legal team filed for a retrial of the state compensation claim. The recent decision to grant humanitarian stay permission acknowledges the significant risk Ngoma faces if forcibly returned to the Democratic Republic of Congo, particularly due to the ongoing conflict and instability in the North Kivu region.

There are Congolese refugees all over the world. It is our destiny to be pushed all the way to Korea just to survive.

โ€” NgomaNgoma describes the plight of refugees fleeing conflict in the Democratic Republic of Congo.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.