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| A lawyer with the Advocates for Public Interest Law (APIL), the legal representative of two Russian men who filed a complaint calling on the immigration authority to nullify its non-referral decision on their refugee applications, speaks during a press conference held after a court ruling at Incheon District Court, Tuesday. Korea Times photo by Lee Hyo-jin |
Two men finally able to leave Incheon airport after being stranded for 5 months
By Lee Hyo-jin
A local court on Tuesday ordered the Incheon Immigration Office to review refugee applications submitted by two Russian men who landed in Incheon International Airport last year after fleeing the military draft in their home country.
The Incheon District Court ruled in favor of the Russian men who filed complaints against the immigration authority, but dismissed a complaint filed by another man who was in a similar situation.
The judge did not give a detailed explanation about the ruling during the hearing, saying that a detailed verdict will be issued later.
There are two more Russian men ― college student Vladimir Maraktaev and former football player Dzhashar Khubiev ― who are still stuck inside the airport waiting for their next hearing scheduled for late February.
The five Russian men arrived in Incheon International Airport late last year, hoping to evade Russian President Vladimir Putin's mass mobilization order to support his government's war on Ukraine. They applied for refugee statuses, but the immigration authority refused to even consider their requests, claiming that avoiding a military draft in one's home country is not a valid reason to be granted refugee status.
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| Andrey, Dzhashar Khubiev and Vladimir Maraktaev walk in the transit zone of Incheon Airport, Jan. 3, during an interview with The Korea Times. The three spend most of their time wandering around the departures hall or in the departure waiting zone of the airport's duty free area. Korea Times photo by Shim Hyun-chul |
Unable to advance further through the screening process, the asylum seekers have been stranded in the departure waiting area within the airport's transit zone for over four months.
However, following the court ruling, two of the men will now be able to leave the airport later this week. They will be granted a G-1 visa guaranteeing temporary stay in Korea while they go through the official refugee screening process.
"I still can't believe it," Andrey, one of the two men who won the case, told The Korea Times in a text message shortly after the ruling. He had been staying at the airport since arriving there on Oct. 14.
"I have been so nervous and worried about the trials that I didn't give much thought about what I should do when I leave the airport," he added.
In a January interview, Andrey claimed that he has been fiercely protesting against Putin's "corrupt" regime since long before the Ukrainian war, a reason why he strongly feared being thrown into the frontlines.
Attorney Lee Jong-chan of the Advocates for Public Interest Law (APIL), their legal representative, welcomed the court's decision.
"Although I haven't been able to read the detailed verdict, we view that the court took into account our claims that refusing military conscription to a war that is being internationally condemned can be seen as valid grounds to grant refugee status," Lee said in a press conference.
But he expressed regret over the dismissal of a complaint filed by another Russian man, who is also in a similar situation. The lawyer said the plaintiff has yet to decide whether to file an appeal, which would mean that he would be stuck at the airport indefinitely.
"But there's a low chance that he would choose to return to Russia where he would face harsh punishment," the lawyer said, adding that traveling to another country could be a viable option.
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| Vladimir Maraktaev and Dzhashar Khubiev walk in the transit zone of Incheon International Airport, Jan. 3. They have also filed a complaint against the immigration authority, with their next hearing scheduled for late February. Korea Times photo by Shim Hyun-chul |
Will immigration authority file appeal?
In response to an inquiry by The Korea Times on whether the Ministry of Justice will file an appeal ― which should be filed within two weeks after a verdict ― an official at the refugee division said, "It's difficult to comment, since we have yet to review the verdict. We are not discussing the issue at this stage."
But Lee and his colleagues at the law firm anticipated that it is highly likely for the immigration authority to take the case to a higher court.
"As seen in previous cases we have handled regarding refugee applicants, it is highly possible that the justice ministry will file an appeal, regardless of the chances of winning," said Lee Il, an attorney at APIL. "But even if they do, the two men who won the case will still be able to leave the airport in accordance with today's court ruling."
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