North Korean re-migrants are in a precarious position, sometimes offered asylum, other times deported as illegal immigrants. Until now, it has been taken for granted that because a majority of these individuals leaving South Korea are, or were, carrying South Korean passports, they are in no position to seek refuge elsewhere. Putting precedent aside for a moment, let us reflect on why it might be time to reconsider the rights of North Koreans, under international law, to claim asylum in a third country.

Popular destinations for North Koreans to re-migrate to include Canada, the United Kingdom and Germany. However, because