Ruling on Three Russians' Suits to Revoke Refugee Examination Non-Referral Decisions: Two Granted, One Dismissed

Who this helps

This may help people who came to Korea to avoid forced conscription, applied for refugee status at the airport, and were not referred to examination.

Case overview

Case number

2022구단52109

Court

Incheon District Court

Posted on original board

Jul 24, 2023 (Mon)

Topic

Refugees

Original title (Korean)

강제징집을 피해 한국에 온 러시아인들 중 일부의 난민인정심사 불회부결정 취소청구를 인용하고 나머지…

Plaintiffs 1, 2 and 3, Russian nationals, applied for refugee status after arriving at Incheon International Airport. The Head of the Incheon Airport Immigration and Foreign Residents Office decided not to refer the applications to refugee status examination, citing cases such as clearly unfounded applications. The plaintiffs sued to revoke the decision as unlawful.

Is it unlawful not to refer a refugee claim from someone who fled conscription to examination?

Plaintiffs 1, 2 and 3, all Russian nationals, applied for refugee status after arriving at Incheon International Airport. The head of the Incheon Airport Immigration and Foreigners Office decided not to refer them to examination, saying the claims were clearly without grounds. The court said refusing conscription could support refugee recognition if it stemmed from political motives and could be seen as expressing a political opinion. For Plaintiffs 1 and 2, it could not say the claims were clearly without grounds. For Plaintiff 3, it found no inability to receive Kyrgyzstan's protection.

How the court ruled

The court found that refusing conscription in Russia may support a well-founded fear of persecution if it was politically motivated and expressed a political opinion, leaving room for refugee status. Given their origins, careers and the circumstances of their refusal, it could not be concluded that the applications of Plaintiffs 1 and 2 were clearly unfounded, so the decisions were revoked. Plaintiff 3, a Russian and Kyrgyz dual national who could receive Kyrgyz protection, clearly failed the refugee requirements, so the claim was dismissed.

What to check in a similar situation

The reasons for a non-referral decision and the procedure for contesting it can be confirmed with immigration and foreigner offices and 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 full examination.

Clearly without grounds

A case where the application alone clearly fails to meet the refugee requirements.

Dual national

A person who holds citizenship of more than one country. In this case, Plaintiff 3 fits this description.

Well-founded fear of persecution

A core refugee requirement, looking at whether a person fears persecution for reasons such as political opinion.

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?

Plaintiffs 1, 2 and 3, Russian nationals, sued to cancel the non-referral decisions.

How did the court rule?

It granted the claims of Plaintiffs 1 and 2 and cancelled the decisions, and dismissed Plaintiff 3's claim.

Does this result apply directly to similar cases?

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