Court upholds refusal to permit change of residence status applied for together with a refugee application on the stay expiry date

Who this helps

This may help people who filed a refugee application and a status change application together on the stay expiry date and were refused. It explains how the court judged this one case.

Case overview

Case number

2024구단702

Court

Seoul Administrative Court

Posted on original board

Jul 24, 2024 (Wed)

Topic

Stay Status & Period of Stay

Original title (Korean)

[일반] 외국인이 체류기간 만료일에 난민신청과 함께 신청한 체류자격 변경을 불허가한…

A foreign national applied for a change of residence status together with a refugee application on the day the period of stay expired. A disposition refusing to permit the change of residence status was issued, and a lawsuit was filed over it. The disposition was made in accordance with the Ministry of Justice's refugee affairs guidelines.

Is it unlawful to refuse a status change applied for together with a refugee application on the expiry date?

A foreign national applied to change residence status together with a refugee application on the stay expiry date. The change was not permitted, and a lawsuit was filed over that refusal. The refusal followed the Ministry of Justice's refugee affairs guidelines. The court saw ample room to view the refugee application as an abusive means of extending the stay.

How the court ruled

The court found there was ample room to view the refugee application as abusive, made as a means of extending the period of stay. It held that the refusal of the change of residence status, made in accordance with the Ministry of Justice's refugee affairs guidelines, neither exceeded nor abused discretion and was therefore lawful.

What to check in a similar situation

The immigration or foreigner office can confirm how a status change application was handled and why it was refused. The court can confirm the procedure for a lawsuit over such a decision.

• Extending your period of stay
• Changing your status of stay
• Find your immigration office
• Contacts: Immigration Contact Center 1345

Terms explained

change of residence status

A procedure to ask to switch from the current residence status to a different one.

refugee affairs guidelines

Internal standards the Ministry of Justice follows when handling refugee matters. The refusal in this case followed them.

deviation or abuse of discretion

Using an agency's decision-making power beyond its allowed limits or wrongly. The court found none here.

More rulings on this topic

• Court upholds refusal to extend overseas travel period for holder of UK high-skilled visa · Seoul Administrative Court
• Court rules departure order and residence permit revocation against foreigner caught while working one day-labor shift unlawful · Seoul Administrative Court
• Court upholds refusal to approve a change of residence status sought for infertility treatment and similar reasons · Daegu District Court

See all 9 rulings on Stay Status & Period of Stay →

Frequently asked questions

What was disputed in this case?

A foreign national applied to change residence status with a refugee application on the stay expiry date. It was refused, and a lawsuit followed.

How did the court decide?

It saw ample room to view the refugee application as an abusive means of extending the stay. It found no deviation or abuse of discretion, so the refusal was lawful.

Does this result apply to every similar case?

No. This is the court's judgment in that case and does not apply as is to other cases.