The Principle of Effective Nationality in the Decision of Refugee Status : focusing on cases of North Korean asylum seekers

Abstract

The meaning of dual nationality of Article 1. A. (2) of the 51 Convention can be interpreted with the principle of effective nationality. Thus, it is important to consider the availability of protection by the country of second nationality when an asylum seeker possesses dual nationality. In particular case of North Korean asylum seekers presumed to have South Korean nationality, they can be provided with effective protection by South Korean authority only when they fulfill the procedures stated in South Korean law. So, South Korean nationality of North Korean asylum seekers is arguable in the light of its ineffectiveness at the time of their application. Also, they can be excluded from international protection because of their South Korean nationality.

The meaning of dual nationality of Article 1. A. (2) of the 51 Convention can be interpreted with the principle of effective nationality. Thus, it is important to consider the availability of protection by the country of second nationality when an asylum seeker possesses dual nationality. In particular case of North Korean asylum seekers presumed to have South Korean nationality, they can be provided with effective protection by South Korean authority only when they fulfill the procedures stated in South Korean law. So, South Korean nationality of North Korean asylum seekers is arguable in the light of its ineffectiveness at the time of their application. Also, they can be excluded from international protection because of their South Korean nationality.