Ruling that a refusal to extend the period of stay, on grounds such as lack of a genuine marriage, was unlawful

Who this helps

This may help people whose request to extend their stay was refused on grounds such as lack of a genuine marriage. It is most relevant where the breakdown of the marriage is disputed.

Case overview

Case number

2016구합7006

Court

Ulsan District Court

Posted on original board

Jun 23, 2017 (Fri)

Topic

Marriage & Family

Original title (Korean)

체류기간연장 등 불허가처분취소 청구 사건 (울산지방법원 2016구합7006)

The authority that made the decision refused to grant the application. Its reasons were that the marriage was not genuine and that the spouse's fault was not clear. A lawsuit was filed to have this decision cancelled.

Can a refusal to extend a stay be unlawful if it rests on wrong findings about who caused the marriage to fail?

The authority refused the application. It said the marriage was not genuine and the spouse's fault was not clear. The plaintiff sued to cancel that decision. The court found the plaintiff could not live a normal married life with the spouse for reasons not attributable to the plaintiff. It held that the authority's findings, which put some blame on the plaintiff, had a serious error.

How the court ruled

The court found that the plaintiff had been unable to lead a normal married life with the spouse for reasons not attributable to the plaintiff. The authority had judged that the plaintiff was also responsible for the breakdown of the marriage, but the court found that there was a serious error in the findings of fact on which that judgment was based. It therefore found that the decision exceeded or abused discretionary power and was unlawful.

What to check in a similar situation

Information on how a refusal to extend a stay is reviewed can be found at the immigration or foreigner office that issued the decision. The court that handled the case can confirm the procedure for challenging such a decision.

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

Terms explained

Refusal to extend the period of stay

A decision by the authority not to allow a person to remain longer in the country. Here, it was the decision the plaintiff asked the court to cancel.

Genuine marriage

Whether a marriage is a real married life and not just on paper. The authority said it was lacking here, but the court disagreed with the findings behind that view.

Abuse of discretion

When an authority uses its decision-making power beyond its limits or in an improper way. The court found this here, so the decision was unlawful.

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 this case and what did they ask for?

The person whose application was refused brought the case. They asked the court to cancel the refusal to extend the period of stay and related permissions.

How did the court rule?

The court found the refusal unlawful. It saw a serious error in the factual findings and held that the authority had exceeded or abused its discretion.

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.