World Immigration News

(The Korea Times)Immigration detainees lack access to key forms, rights information: watchdog

Release Date: 2026-08-31
Media: The Korea Times
Summary: South Korea’s National Human Rights Commission (NHRCK) has called for stronger safeguards for foreign nationals in immigration detention after inspections revealed inadequate access to review and temporary release procedures. The investigation also found insufficient information about detention limits, extension reviews, oral hearings, and appeal rights.

Under the Immigration Act revised in June 2025, foreign nationals facing deportation may initially be detained for up to two months, with extensions of up to three months following review. Detention is generally capped at nine months but can reach 20 months in certain cases, including delays related to refugee applications.

The NHRCK found that 355 of 360 detention extension applications, or 98.6%, sought the maximum three-month extension, often without sufficient consideration of individual repatriation prospects or whether continued detention was necessary. It said this practice was inconsistent with the law’s objective of limiting detention to the minimum necessary period.

The commission recommended providing adequate application forms, receipts for submissions, interpretation services, and clear information about detention limits and appeal rights in languages detainees understand. It also called for individualized reviews of extension periods and at least 10 days for detainees to submit their views. The NHRCK said it would continue monitoring the system to prevent prolonged or arbitrary immigration detention.
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