Ruling: Refusal of living-cost support to an asylum seeker found unlawful for procedural violations

Who this helps

This may help people curious about procedure when an asylum seeker's living-cost support application is refused without stated reasons.

Case overview

Case number

2015구합79413

Court

Seoul Administrative Court

Date of judgment

Jul 7, 2016 (Thu)

Topic

Refugees

Original title (Korean)

난민신청자 생계비 지원 신청을 한 원고에게 별다른 근거와 이유를 제시하지 아니한 채 문자메시지를…

The plaintiff applied for living-cost support for asylum seekers and received a notice of refusal. The notice only stated that the application had been refused. It gave no legal basis or reasons. The notice was sent by mobile phone text message.

Is it unlawful to refuse living-cost support by text message without giving reasons?

The plaintiff, an asylum seeker, applied for living-cost support. The notice only said the application was refused and gave no grounds or reasons. It was sent as a mobile text message. The dispute was whether this met the Administrative Procedures Act. The court found no reasons were given and no basis for a text notice, and held it unlawful.

How the court ruled

The court found that the notice contained no basis or reasons at all, so the plaintiff could not know why the application was refused. It therefore violated the Administrative Procedure Act, which requires reasons to be given for a decision. The court also found that no rule allows refusal by text message, there was no record of the plaintiff's consent, and the case was neither urgent nor minor. It therefore also violated the Administrative Procedure Act provisions on the form of a decision. The court concluded that the notice was unlawful.

What to check in a similar situation

Whether a refusal notice states its grounds and reasons, and how it was delivered, can be checked with the relevant immigration office or the court.

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

Terms explained

Administrative Procedures Act

A law setting the procedures administrative bodies follow when they make decisions. It covers stating reasons and the form of a decision.

stating reasons for a decision

An agency explains the grounds and reasons for its decision. This lets the person see why they received it.

living-cost support for asylum seekers

Support an asylum applicant can apply for to help cover daily living.

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 filed the lawsuit?

An asylum seeker who applied for living-cost support and received a refusal notice filed it as the plaintiff.

How did the court rule?

The court found the notice had no grounds or reasons. It also found no rule allowing refusal by text message and no sign of the plaintiff's consent. It held the notice unlawful.

Does this result apply as is to similar cases?

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