Ruling that a person inviting foreigners has no standing to seek cancellation of a visa issuance confirmation refusal

Who this helps

This may be a useful reference for people whose visa issuance confirmation application to invite a foreign spouse was refused. Note that this case involved applications for Chinese women.

Case overview

Court

Cheongju District Court

Posted on original board

Mar 31, 2010 (Wed)

Topic

Visas & Entry

Original title (Korean)

●[행정] 원고들이 피고에게 신청한 중국여성들에 대한 사증발급인정 불허처분 취소소송은 원고들이 독자적으로 소송을…

Six plaintiffs completed marriage registration with women of Chinese nationality. To bring the women to Korea, they applied for a visa issuance confirmation for residence (F-2). The agency refused because, in light of the plaintiffs' ages and financial capacity, it doubted the genuineness of the marriages, and because it had been notified of an appraisal result that the submitted certificate was not a properly issued document. The plaintiffs sued to cancel this refusal.

Can the person who invited a foreigner sue to cancel a visa issuance confirmation refusal?

Six plaintiffs registered marriages with Chinese women and applied for visa issuance confirmation for residence (F-2). The agency refused, citing doubts about the genuineness of the marriages and an appraisal result that the submitted certificates were not properly issued documents. The plaintiffs sought cancellation, but the court saw them only as agents who filed the application, with no right to apply themselves. So the key issue was whether they had standing to sue.

How the court ruled

The court held that the plaintiffs were only persons who applied on behalf of the Chinese women and had no right to apply themselves. It held that the disadvantage the plaintiffs suffer from the refusal is merely an indirect, factual interest as inviters or application agents. It therefore found that the plaintiffs had no standing to seek cancellation of the decision and dismissed the suit.

What to check in a similar situation

The application and the grounds for refusal can be checked with the immigration or foreigner-related office, and the litigation procedure and requirements with the court.

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

Terms explained

visa issuance confirmation

A procedure in which the purpose of stay and other points are reviewed before entry, so that visa issuance can be confirmed for an invited foreigner.

dismissal

A decision that ends a suit because requirements such as standing are not met, without examining the merits.

standing to sue

Whether a person has a direct, concrete interest protected by law, enough to contest the effect of a disposition.

More rulings on this topic

• Ruling Upholding a Second Refusal to Issue an Overseas Korean Visa · Seoul Administrative Court
• Ruling that entry ban and visa refusal against an entertainer who obtained US citizenship to avoid military service were lawful · Seoul Administrative Court
• Ruling Cancels Entry Denial of U.S. National Given Suspended Prosecution for Cannabis Smoking · Incheon District Court

See all 4 rulings on Visas & Entry →

Frequently asked questions

Who brought the lawsuit?

Six plaintiffs who had registered marriages with Chinese women and wished to invite them brought it.

How did the court rule?

The court found the plaintiffs had only an indirect, factual interest as inviters or application agents, and dismissed the suit.

Does this result apply as is to similar cases?

It is the court's decision in that case and does not apply as is to other cases.