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RefugeesAdministrative

Ruling that upheld the cancellation of refugee status granted on the basis of false statements

The short answer: The court ruled against the plaintiff and held that the cancellation of the refugee recognition decision was lawful.

A case in which the court found lawful a decision cancelling refugee recognition, on the view that the plaintiff had made false statements about family relations, sexual identity, and experience of persecution, among other things, when applying for refugee recognition.

Who this helps

This may be useful for people who want to understand how a refugee recognition decision can be cancelled over statements made in the application.

Case overview

Case number
2024구단14237
Court
Seoul Administrative Court
Posted on original board
Topic
Refugees
Original title (Korean)
[난민] 원고가 난민인정 신청시 가족관계, 성적 정체성 및 박해의 경험 등에 관하여 거짓 진술을 하였고,…

The plaintiff had received a refugee recognition decision. That decision was cancelled on the view that the plaintiff made false statements about family relations, sexual identity, and experience of persecution, among other things, when applying for refugee recognition. A lawsuit was filed against this cancellation.

Can refugee status be cancelled if the application contained false statements?

The plaintiff had received a refugee recognition decision. That decision was later cancelled on the view that the plaintiff made false statements about family relations, sexual identity and experiences of persecution. The plaintiff brought a lawsuit against the cancellation. The court found that the statements were false and that the recognition decision was made because of them, so it held the cancellation lawful.

How the court ruled

The court found that the plaintiff made false statements about family relations, sexual identity, and experience of persecution, among other things, when applying for refugee recognition, and that the refugee recognition decision was made because of those false statements. The court therefore held that the cancellation of the refugee recognition decision was lawful.

What to check in a similar situation

Information about how a refugee recognition decision is reviewed and cancelled can be checked with the immigration office or the court that handles administrative cases.

Terms explained

Refugee recognition decision
An official decision by the immigration authority that a person is recognized as a refugee.
Cancellation of recognition
An administrative act that withdraws an earlier refugee recognition decision.
False statement
A statement in the application that does not match the facts, such as about family relations, sexual identity or experiences of persecution.

More rulings on this topic

See all 29 rulings on Refugees →

Frequently asked questions

Who brought the lawsuit?

The plaintiff, a person who had received a refugee recognition decision, sued over the decision to cancel it.

How did the court rule?

The court found that the plaintiff made false statements in the application and that the recognition was granted because of them. It held the cancellation lawful.

Does this result apply to every similar case?

No. It is the court's judgment in this particular case and does not apply as is to other cases.

Source and original

Source: Republic of Korea Courts, Major Rulings of Courts Nationwide

View original ↗https://www.scourt.go.kr/portal/dcboard/DcNewsViewAction.work?seqnum=28021&gubun=44

See the full Major Rulings board ↗https://www.scourt.go.kr/portal/dcboard/DcNewsListAction.work?gubun=44

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