Court cancels decision not to refer a Syrian man's refugee application for examination

Who this helps

People who want to understand how a court reviewed a decision not to send a refugee application on to examination, as in this Syrian man's case.

Case overview

Case number

2016구합326

Court

Incheon District Court

Date of judgment

Jun 17, 2016 (Fri)

Topic

Refugees

Original title (Korean)

시리아 국적 남성의 난민인정신청에 대하여 난민인정심사 불회부결정을 취소한 사례

A Syrian man applied for refugee recognition. The Head of the Incheon Airport Immigration Office found that the application was clearly unfounded, such as where the applicant comes from a safe country or arrived from a safe country, or seeks refugee recognition solely for economic reasons. The Head therefore decided not to refer the application to the refugee recognition examination, stating that there was a ground for non-referral set out in the Enforcement Decree of the Refugee Act.

Can a refugee application be stopped before examination on non-referral grounds?

A Syrian man applied for refugee recognition. The head of the Incheon Airport immigration office found that his case fell under the non-referral grounds in the Enforcement Decree of the Refugee Act. These grounds cover applicants from or arriving from a safe country, and applications that are clearly unfounded, such as those made solely for economic reasons. On that basis, the office decided not to refer the application for examination. The court cancelled that decision.

How the court ruled

The court cancelled the decision of the Head of the Incheon Airport Immigration Office not to refer the application to the refugee recognition examination.

What to check in a similar situation

How a refugee application is received and how a non-referral decision is handled can be confirmed with immigration offices and the courts.

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

Terms explained

Non-referral decision

A decision not to send a refugee application on to the formal examination stage. The application is stopped before it is examined.

Refugee recognition examination

The official review that decides whether an applicant is recognized as a refugee.

Enforcement Decree of the Refugee Act

A set of detailed rules under the Refugee Act. It lists the grounds on which an application may not be referred 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 this case?

A Syrian man who had applied for refugee recognition. The head of the Incheon Airport immigration office had decided not to refer his application for examination.

How did the court rule?

The court cancelled the non-referral decision. The decision had rested on grounds in 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.