Renamed passport entry to avoid re-entry limits held grounds for deportation

Who this helps

This may be useful for readers whose case involves entering on a passport in a changed name despite a record of past violations.

Case overview

Case number

2015구단60009

Court

Seoul Administrative Court

Date of judgment

Apr 15, 2016 (Fri)

Topic

Departure Orders, Deportation & Enforcement

Original title (Korean)

불법체류 등 기존 전력으로 인한 재입국시 규제를 회피하기 위하여 개명된 이름이 기재된 여권을…

The plaintiff entered the Republic of Korea on a passport bearing a changed name. In the statement submitted with the naturalization application, the date of first entry was misstated. Even after the name change, the plaintiff still had a passport in the previous name, used it to enter and leave, and did not disclose having a passport in another name.

Can entering on a renamed passport to avoid re-entry limits lead to deportation?

The plaintiff entered Korea on a passport showing a changed name. A statement filed with a naturalization application gave a first entry date that was not accurate. After the name change, the plaintiff still held a passport in the old name, used it to enter and leave, and did not disclose the other passport. The court did not treat the renamed passport alone as invalid, but found the plaintiff was trying to avoid re-entry limits and fell under deportation grounds.

How the court ruled

The court said that entering on a passport in a changed name does not, by itself, mean entering with an invalid passport. However, it found that the plaintiff had tried to avoid re-entry restrictions by using a passport through which records of violations such as illegal stay were hard to check. It held that such entry can be regarded as an act harming national interest or social order, and that the plaintiff is therefore a person subject to deportation under the Immigration Act.

What to check in a similar situation

The content and basis of a decision on whether someone is subject to deportation can be checked with the immigration and foreigner office, and court procedures with the court.

• Find your immigration office
• Extending your period of stay
• Contacts: Immigration Contact Center 1345

Terms explained

person subject to deportation

A foreign national who can be removed from Korea under the Immigration Act. Here, the entry was seen as harming the national interest or public order.

re-entry limit

A restriction on coming back into the country because of a record such as overstay.

name change

Legally changing a person's name. Here, entry on a passport in the new name was the issue.

More rulings on this topic

• Suit to confirm no duty to pay Immigration Act fine under notification disposition inadmissible · Seoul Administrative Court
• Case on whether a decision rejecting an objection to a detention order can be challenged in court · Seoul High Court
• Ruling on a Departure Order Issued to a Person Who Entered on Working Holiday (H-1) Status · Seoul Administrative Court

See all 18 rulings on Departure Orders, Deportation & Enforcement →

Frequently asked questions

Who brought the lawsuit?

A person who entered Korea on a passport showing a changed name brought the lawsuit.

Did the court treat the renamed passport as invalid?

No. The court said entry on a renamed passport alone cannot be seen as entry on an invalid passport. It focused on the attempt to avoid re-entry limits with a passport that made violation records hard to check.

Does this result apply as is to similar cases?

It is the court's decision in this case and does not apply as is to other cases.