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Iranian-born Kim Min-hyeok

The father of Iranian-born teen Kim Min-hyeok, 16, has been denied refugee status despite a reexamination of his case.

On Aug. 8, Lee Tae-geon, an attorney with the Dongcheon Foundation who is representing Kim’s father, appeared at the annex of the Seoul Southern Immigration Office in Yangcheon District holding a letter, signed by the Seoul immigration chief, stating that Kim’s father hadn’t been granted refugee status. “Kim’s father didn’t get refugee status, but he will be allowed to stay on humanitarian grounds, given the need to raise his child, a minor,” Lee said.

The letter said that the claims made by Kim’s father didn’t amount to reasonable fears about persecution, as defined in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

Humanitarian stay is granted to those who are in danger of serious human rights violations in their country of birth. So while Kim’s father will be allowed to stay in Korea, he must extend his G-1 visa every year.

“A person staying here on humanitarian grounds faces far more limits in work permits than someone with refugee status,” Lee said.

Kim, his father, and their lawyer said they all reject the immigration office’s decision. “I don’t think [it’s right] that they disregarded my Catholic baptism and my study of and devotion to correct doctrine and only granted humanitarian stay because my child is a minor,” Kim’s father said. “I will file an appeal and later [an administrative] lawsuit.”

Kim said, “While my father, my only remaining relative, couldn’t get refugee status, I’m glad he can stay.”

“When I become an adult in three years, my father won’t be able to stay with me. I really hope he’s given refugee status so that we can be together.”

Kim, then 7, came with his father to South Korea in 2010, and both eventually converted to Catholicism. The father and son applied for refugee status on religious grounds, but were rejected in 2016 and then lost two hearings on their case. On Feb. 19 of this year, the father reapplied for refugee status; his son was granted such status last year thanks to help from classmates at Ajou Middle School.

Kim’s father can file an appeal with the Justice Ministry within 30 days and an administrative lawsuit within 90 days.

By Kwon Ji-dam, staff reporter

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