Ruling that a refusal to issue a marriage immigration visa was not unlawful

Who this helps

This may help people curious about challenging in court a refusal of a marriage immigration visa for a foreign spouse.

Case overview

Case number

2024구단4100

Court

Seoul Administrative Court

Posted on original board

Jan 6, 2025 (Mon)

Topic

Marriage & Family

Original title (Korean)

[일반] 결혼이민 체류자격 사증발급 거부처분이 위법하지 않다고 본 사례(2024구단4100)

A Vietnamese national applied to the Consul General of a Republic of Korea consulate general for a visa under the marriage immigration residence status, on the ground of being the spouse of a Korean citizen. The Consul General issued a decision refusing it. The spouse, a Korean citizen, then filed a lawsuit seeking cancellation of that decision.

Can a Korean spouse sue when a marriage immigration visa is refused?

A Vietnamese national applied to a consul general at a Korean consulate general for a marriage immigration visa as the spouse of a Korean citizen. The consul general refused, and the Korean spouse asked the court to cancel the refusal. The court saw the refusal as an exercise of public power and found the plaintiff had a legal interest, so it ruled on the merits. It found no deviation from or abuse of discretion.

How the court ruled

The court found that a decision refusing a visa to a foreign national is an enforcement of law on a specific matter and an exercise of public authority, and that the person who filed the suit has a legal interest in seeking its cancellation. It therefore rejected all of the preliminary objections raised by the authority that made the decision and ruled on the merits. However, it found no deviation from or abuse of discretion, and dismissed the claim.

What to check in a similar situation

The result of a visa application can be confirmed with the consulate general concerned, and the lawsuit procedure against a refusal can be confirmed with the court.

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

Terms explained

visa refusal

A decision by an administrative body not to issue the visa a foreign national applied for in order to enter the country.

legal interest

A legal stake in the decision that is enough to bring a lawsuit.

ruling on the merits

A judgment that goes beyond procedural questions and examines directly whether the decision was unlawful.

abuse of discretion

Going beyond or misusing the decision-making power given to an administrative body.

More rulings on this topic

• Stay extension denial unlawful: Korean spouse mainly caused marriage breakdown · Seoul Administrative Court
• Ruling Upholds Refusal to Issue a Marriage Migration Visa · Seoul Administrative Court
• Ruling on a guideline that allowed marriage migrants' family members other than parents to change to visiting-cohabitation status only if female · Seoul Administrative Court

See all 15 rulings on Marriage & Family →

Frequently asked questions

Who brought the lawsuit?

The Korean spouse of the Vietnamese national who applied for the visa brought the lawsuit.

How did the court rule?

The court ruled on the merits but found no deviation from or abuse of discretion, and dismissed the claim.

Does this result apply as is to similar cases?

No. It is the judgment in that case and does not apply as is to other cases.