Court rules that a deportation order issued right after a refugee application was unlawful

Who this helps

This may help people wondering how a court viewed a deportation order issued right after a refugee application. It reflects only this case's reasoning.

Case overview

Case number

2015구단50576

Court

Seoul Administrative Court

Date of judgment

Jun 18, 2015 (Thu)

Topic

Refugees

Original title (Korean)

원고가 난민인정신청을 한 직후 이루어진 원고에 대한 강제퇴거명령이 재량권을 일탈, 남용하여…

A deportation order was issued against a person who had applied for refugee recognition, right after the application, and a lawsuit was filed against it. The agency that issued the order argued that it would not actually carry out the deportation order until the lawsuit over refugee status was over.

Is a deportation order issued right after a refugee application unlawful?

A deportation order was issued right after a person applied for refugee recognition, and the order was challenged in court. The authority said it would not actually enforce the order until the lawsuit over refugee status ended. The court found it hard to see any benefit in issuing the order earlier. It also said the public interest in ordering right after the application was not great, since an order could be issued and enforced quickly once non-recognition became final.

How the court ruled

The court found the deportation order unlawful because it went beyond and abused discretionary power. It said that if the order would not be carried out until the lawsuit ended, it is hard to find any benefit in issuing the order before then. Since the order can be issued and carried out promptly once the refusal of refugee recognition becomes final, the court found that the public interest need to issue the order right after the application is not great.

What to check in a similar situation

Immigration and foreigner offices can confirm how a refugee application is being processed and whether a deportation order is being enforced. Courts can confirm the progress of a related lawsuit.

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

Terms explained

deportation order

An order from an administrative authority requiring a foreign national to leave Korea.

abuse of discretion

Going beyond or misusing the room for judgment given to an authority. A measure like this can be seen as unlawful.

refugee application

A request to the authorities to be recognized as a refugee.

enforcement

Actually carrying out an order that has been issued.

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 lawsuit?

A person who had applied for refugee recognition sued as the plaintiff over the deportation order.

How did the court rule?

It found the order an unlawful measure that exceeded and abused discretion. It saw little benefit in an order right after the application if it would not be enforced.

Does this result apply directly to similar cases?

It is the court's judgment in this case and cannot be said to apply directly to other cases.