The Refugee Legal Support Team of the Baronghyup Refugee Legal Support Group receives a ruling to cancel the deportation order of the refugee claimant
saying, “The first high court ruling based on the spirit of humanitarianism, the purpose of the Refugee Act … An encouraging decision considering the reality of refugee status applicants”
Reporter Shin Jong-cheol | firstname.lastname@example.org
[Rois=Reporter Shin Jong-cheol]
The Refugee Legal Support Lawyers of the Korean Bar Association (Chief In-jin Jeong) recently canceled the deportation order and protection order against the refugee claimant from the Seoul High Court in the case of revocation of the deportation order and protection order against the refugee claimant. Hara announced on the 30th that she had received two judgments.
▲ Attorney’s Hall in Seocho-dong, Seoul
The 1st Administrative Department of the Seoul High Court (Presiding Judge Kwak Jong-hoon) dismissed the appeal of the Seoul Immigration Office in a lawsuit (2013 Nu52638) filed by refugee applicant A against the Seoul Immigration Office on the 7th. and upheld the first instance judgment in favor of the plaintiff.
The court said, “Even if there is no decision to recognize refugee status, the refugee status applicant is a refugee under the Refugee Convention. And there is a need to recognize certain protections.”
The court also said, “If the order of deportation before the end of the lawsuit is for the future benefit of facilitating the execution of forced eviction in the event that the refugee applicant is finally determined not to be recognized as a refugee, the Since the disadvantages of the asylum seeker being violated are greater than the public interest that can be achieved, the Immigration Office can take other, milder measures, but it is a strong sanction for refugee status applicants who are making a living while trying to obtain refugee status. It is excessive to issue a similar deportation order after the result of the refusal has been confirmed.”
The Korean Bar Association’s refugee legal support team said, “This judgment is the first high court ruling based on the spirit of humanitarianism, the basic purpose of the Refugee Act. It is a very encouraging decision in that it takes into account the reality of the applicant.”
He also explained, “It is also meaningful in that it urged the efficient improvement of immigration control practices, as issuing an order for forced eviction to a refugee applicant while the relief procedure is in progress is an excessive measure for administrative convenience.
Previously, on September 19, the 2nd Administrative Department of the Seoul High Court (Presiding Judge Lee Kang-won) also canceled a similar case (2013 Nu 49861) against the head of the Seoul Immigration Office, as the deportation order and protection order against the refugee applicant were illegal. has been sentenced to
The Korean Bar Association’s refugee legal support team said, “We will continue to do our best to seek improvement measures and alternative systems to guarantee the procedural rights and treatment of refugee applicants.”