Court “Unlawful for Forced Eviction of Refugee Applicants for Illegal Employment”

Court “Unlawful deportation of refugee applicants for illegal employment”

A ruling has been made that it is excessive to issue an order to deport a foreigner whose refugee status is in progress because he or she worked illegally.

The first administrative division of the Seoul High Court ruled in favor of the plaintiff as in the original court in a lawsuit filed by a Myanmar national of ethnic minority against the Seoul Immigration Office to cancel the deportation order and the protective order.

In the judgment, the court stated that even if there is no decision to recognize the refugee claimant as a refugee, the refugee claimant should be allowed to stay as long as there is a lawsuit related to refugee recognition under the Refugee Convention.

The Myanmar national, who entered Korea on a short-term visa in June 2011, applied for refugee status, but was rejected because he was found to be working illegally, and was subsequently ordered to be deported from the Immigration Office.

The Korean Bar Association’s refugee legal aid team, who helped with the lawsuit, said the ruling was very encouraging in that it took into account the reality of refugee status applicants who have a difficult time making a living.

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