Ruling dismissing an Angolan family's lawsuit to cancel a decision not to refer their case for refugee status examination

Who this helps

This may be useful for people curious about how a decision not to refer a refugee application for examination is challenged in court.

Case overview

Case number

2019구합50216

Court

Incheon District Court

Date of judgment

Apr 25, 2019 (Thu)

Topic

Refugees

Original title (Korean)

난민인정심사불회부결정 취소 청구가 기각된 사례(인천지방법원 2019구합50216)

The plaintiffs, a family of nationals of the Republic of Angola, filed a lawsuit. The Head of the Incheon Airport Immigration and Foreign Residents Office made a decision not to refer them for refugee status examination, and the plaintiffs asked the court to cancel this decision.

Was the claim to cancel a decision not to refer a refugee case for examination accepted?

An Angolan family sued to cancel the decision of the head of the Incheon Airport Immigration and Foreigner Office not to refer their case for refugee status examination. The dispute was whether that decision was unlawful. The court found no procedural illegality and no substantive illegality. It also held that the decision did not violate the principle of proportionality.

How the court ruled

The court found no procedural illegality and no substantive illegality in the decision of the Head of the Incheon Airport Immigration and Foreign Residents Office not to refer the case for refugee status examination. It also found that the decision did not violate the principle of proportionality, and dismissed the plaintiffs' claim.

What to check in a similar situation

How a non-referral decision is made can be checked with immigration and foreigner offices and the courts.

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

Terms explained

Decision not to refer for refugee status examination

This is an administrative decision not to send a refugee application on to the examination process.

Dismissal

This means the court does not accept the claim of the side that brought the lawsuit.

Principle of proportionality

This is a principle under which the court looks at whether an administrative measure goes beyond what its purpose requires. Here, the court found that the decision did not violate it.

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?

The plaintiffs were a family with Angolan nationality.

How did the court rule?

The court found no procedural or substantive illegality and no violation of the principle of proportionality, so it dismissed the claim.

Does this result apply as is to similar cases?

This ruling is the court's decision on that case only, and it does not apply as is to other cases.