Court cancels refusal to extend stay after finding the marriage genuine

Who this helps

This may help people whose stay extension was refused because the immigration office doubted that their marriage to a Korean national was genuine.

Case overview

Court

Incheon District Court

Posted on original board

Oct 8, 2015 (Thu)

Topic

Marriage & Family

Original title (Korean)

중국 국적 외국인이 대한민국 남성과 가진 혼인의 진정성이 있다고 보아…

A foreign national of Chinese nationality married a man of Korean nationality. The head of the immigration office considered the marriage not genuine and did not permit an extension of the period of stay. A lawsuit was filed seeking cancellation of this decision.

Can a stay extension be refused on the view that a marriage is not genuine?

A Chinese national married a man of Korean nationality. The head of the immigration office decided the marriage was not genuine and refused to extend the stay. A lawsuit asked the court to cancel that decision. The court found that the office head had misjudged the facts about whether the marriage was genuine. It held that the refusal exceeded or abused discretion and was unlawful.

How the court ruled

The court found that the head of the immigration office, who made the decision, had misjudged the facts as to whether the marriage was genuine. The court therefore held that the decision was unlawful because it exceeded or abused the office's discretion, and cancelled it.

What to check in a similar situation

Details on the reasons for a refusal and on the procedure for challenging it can be checked with the immigration office that made the decision or with the court that handles such cases.

• Marriage migrant (F-6) documents
• Divorce guide
• Changing your status of stay
• Contacts: Immigration Contact Center 1345

Terms explained

Genuine marriage

A marriage entered into with a real intention to live together as spouses. In this case the court found the marriage was genuine.

Refusal to extend stay

A decision by the immigration office not to allow a foreign national to remain in the country for a longer period.

Abuse of discretion

Using the power given to an official in a way that goes beyond its limits or is improper. The court found this here.

More rulings on this topic

• Stay extension denial unlawful: Korean spouse mainly caused marriage breakdown · Seoul Administrative Court
• Ruling that a refusal to issue a marriage immigration visa was not unlawful · Seoul Administrative Court
• Ruling Upholds Refusal to Issue a Marriage Migration Visa · Seoul Administrative Court

See all 15 rulings on Marriage & Family →

Frequently asked questions

Who brought the lawsuit?

A Chinese national married to a man of Korean nationality sought cancellation of the refusal to extend the stay.

How did the court decide?

The court found the marriage genuine and said the office head had misjudged the facts. It cancelled the refusal as an unlawful use of discretion.

Does this result apply to every similar case?

No. It is the court's decision in this one case and does not apply as is to other cases.