Ruling Cancelling a Decision Not to Refer a Liberian National's Refugee Application for Examination

Who this helps

This may help people looking into what happens when a refugee application is not sent on for examination. It is a single ruling involving a Liberian national.

Case overview

Court

Incheon District Court

Posted on original board

Oct 13, 2015 (Tue)

Topic

Refugees

Original title (Korean)

라이베리아 국적 외국인에 대한 난민인정심사불회부결정을 취소한 사례

A Liberian national applied for refugee status. The head of the immigration office made a decision not to refer the application for refugee status examination. A lawsuit was filed to cancel this decision.

Can a decision not to refer a refugee application for examination be cancelled by a court?

A Liberian national applied for refugee status. The head of the immigration office decided not to refer the application for examination. A lawsuit asked the court to cancel that decision. The court found that the application was not a case that the Enforcement Decree of the Refugee Act describes as clearly without merit.

How the court ruled

The court found that the refugee application was not one that is clearly without grounds under the Enforcement Decree of the Refugee Act. Therefore, the court cancelled the immigration office head's decision not to refer the application for refugee status examination.

What to check in a similar situation

Details on how a refugee application moves to examination, and on how a non-referral decision can be challenged, can be checked with the immigration office and the court handling the case.

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

Terms explained

Non-referral decision

A decision by the immigration office not to send a refugee application on for formal examination.

Clearly without merit

A category in the Enforcement Decree of the Refugee Act for applications that plainly have no basis. The court found this case did not fall into it.

Head of the immigration office

The official who made the decision not to refer the application for examination.

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 and what was it about?

A Liberian national who had applied for refugee status brought it. The suit asked the court to cancel the decision not to refer the application for examination.

How did the court rule?

The court cancelled the decision. It found the application was not clearly without merit under the Enforcement Decree of the Refugee Act.

Does this result apply to every similar case?

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