Upheld Case : Rescission of the immigration ofiice's decision of not issuing G-1-5 VISA for a refuge

  • 관리자
  • 2020-08-26 11:21:00
  • hit151

A Korean certified immigration lawyer Kim, Yae Jin has recently won the administrative lawsuit seeking the rescission of the immigration office's decision of not issuing G-1-5 VISA for refugee applicant.

The refugee applicant stayed in Korea with D-4 VISA(for taking language courses) for almost 2 years. She applied for the recognition of refugee status 1 month before her expiration date of D-4 VISA for the reason her mother had died about 2 month before her expiration date of D-4 VISA due to her race and her political opinion. Due to the fear of being persecuted in her country, she applied for the recognition of refugee status and also applied for G-1-5 VISA, which is issued for refugee applicants. However, the immigration office rejected the issuance of G-1-5 VISA because she applied for refugee right before the expiration date of D-4 VISA. The immigration office contended that they followed the rule issued by Ministry of Justice. The rejection results in the deprivation of her opportunity to be benefited as a refugee applicant in accordance with the Refugee Act, such as living support, medical support, etc.

A Korean certified immigration lawyer Kim, Yae Jin represented her in the administrative lawsuit against the immigration office seeking the rescission of the immigration office's decision of not issuing G-1-5 VISA for refugee application. At the appeal court, the judges held that the immigration office shall rescind their previous decision of not issuing G-1-5 VISA. The reasoning of the judgment is that the immigration office did not weigh the public benefit and her disadvantage appropriately. Also, according the the judgment, the immigration office rejected her application for G-1-5 VISA without sufficient investigation by rejecting the VISA application on the same day she applied for the VISA. The immigration office argued at the lawsuit that they followed the rule of Ministry of Justice but the judges held that the immigration office does not have to follow the Ministry of Justice's rule if the rule violates the foreigner's human rights.

Accordingly, she is now able to have G-1 VISA while the refugee case is going on.

If you need further questions, please do not hesitate to contact Kim, Yae Jin, a South Korean certified immigration and citizenship lawyer with

(1) 82-10-2782-8579 (2) kyj@jylaws.com

 

게시글 공유 URL복사
댓글[0]

열기 닫기