Ruling that a decision not to examine an airport refugee application at all was unlawful

Who this helps

This may help people curious about cases where an airport refugee application was not sent on to examination. It also helps those wondering on what grounds an examination can be skipped.

Case overview

Court

Incheon District Court

Posted on original board

May 30, 2014 (Fri)

Topic

Refugees

Original title (Korean)

난민인정심사 불회부결정이 재량을 일탈하여 위법하다는 이유로 취소한 사안

A foreign national arrived at an airport and, during entry procedures, applied for refugee status, saying their life was threatened because they did not comply with forced conscription. The head of the immigration office decided not to conduct a refugee status examination, on the grounds that it was hard to recognize a clear and credible reason to refer the case to examination and that the applicant had consistently given false statements. On the same day, the office also decided to refuse entry.

Is a decision not to refer an airport refugee application to examination unlawful?

A foreign national applied for refugee status while going through entry procedures at an airport. The immigration authority decided not to examine the application, saying credible and clear grounds were hard to find and the statements were false throughout. The court held that not examining is an exception allowed only on formal grounds, not grounds that weigh the substance. It also found it insufficient to treat the case as one of hiding facts with false documents or a clearly unfounded application.

How the court ruled

The court set aside the decision not to conduct the refugee status examination. It found that such a decision may be made only exceptionally and only on formal grounds, not on grounds that weigh the substance. It also found that this case was not sufficiently shown to be one where facts were concealed by false documents or the like, or a clearly unfounded application.

What to check in a similar situation

Information on the stated reasons for a non-referral decision and the available objection procedures can be confirmed with the immigration or foreigner office. Procedures for a lawsuit seeking cancellation can be confirmed with the competent court.

• Find your immigration office
• Find support centers
• Contacts: Immigration Contact Center 1345

Terms explained

Non-referral decision

A decision not to send a received refugee application on to the full refugee status examination.

Deviation or abuse of discretion

Going beyond or misusing the room for judgment given to an administrative body. A measure can then be seen as unlawful.

Burden of proof

The duty to prove that a fact exists. In this ruling it lies, in principle, with the authority that made the decision.

More rulings on this topic

• Court upholds refusal of refugee status, finding a family property dispute is not a ground for recognition · Jeju District Court
• Ruling that upheld the cancellation of refugee status granted on the basis of false statements · Seoul Administrative Court
• Ruling Cancelling Decision Not to Refer Guinean National's Refugee Application for Examination · Busan District Court

See all 29 rulings on Refugees →

Frequently asked questions

Who brought the case and what was disputed?

A foreign applicant who applied for refugee status at an airport brought it. The applicant argued that the decision not to examine the application was unlawful.

How did the court decide?

The court cancelled the decision not to conduct the examination. It found the decision exceeded or abused discretion and was unlawful.

Does this result apply as is to similar cases?

This is the judgment on that case only and does not apply as is to other cases.