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Refugee Status Determination Procedures - Procedure for Objection

Refugee Status Determination Procedures - Procedure for Objection.

Those denied refugee status and individuals granted humanitarian stay can appeal to the Minister of Justice or file a lawsuit in court.

1. Appeal

1.
Subject of objection
A person who has received a Notice of Refugee Non-Recognition Decision after determining that he or she does not qualify as a refugee pursuant to Article 18 of the Refugee Act
A person who has been issued a Notice of Refugee Non-Recognition Decision due to reasons for restrictions on refugee recognition under Article 19 of the Refugee Act
A person who has received a notice of cancellation or withdrawal of refugee recognition in accordance with Article 22 of the Refugee Act
2.
Objection period
You can file an objection within 30 days from the date you received the Notice of Refugee Non-Recognition Decision, notice of cancellation/withdrawal of refugee recognition, etc.
Example 1: The last day of the period (if the 30th day from the date of notice is not Saturday or a public holiday)   You can file an objection by the 30th day
Example 2: The last day of the period (if the 30th day from the date of notification is Saturday or a public holiday)   Objections can be filed by the day after the 30th day
However, If you appeal you can’t charge administrative trial according to Administrative Judgement.
3.
Place to file an objection
You can file an objection at any local immigration office or foreigner’s office.
4.
Documents to be submitted
Objection form, materials proving the reason for the objection
5.
Objection processing period
A decision on the objection will be made within 6 months from the date of receipt of the objection.
In unavoidable circumstances, the period can be extended within 6 months. When extending the period, you will be notified 7 days before the expiration of the period. (Article 21, Paragraph 8 of the Act)
6.
Result of objection
Appeal citation (=if recognized as a refugee): A “Refugee Recognition Certificate” is issued by the refugee screening base agency that conducted the interview.
Decision to dismiss the appeal (= case of not being recognized as a refugee): You can file an administrative lawsuit , a suit to cancel the decision to reject the refugee status with the administrative agency as the defendant in relation to the disposition (the first decision to reject the refugee application, not the decision to dismiss the appeal) within 90 days from the date of notification.
Source and Form Download Link
Refugee-related forms can be downloaded from Hi Korea > News & Notices > Civil Service Forms.
CEO
Number
Address
Inquiry/Error Correction
Jiwon Choi
878-82-00340
120-833 Myeongmul-gil 76-5, Seodaemun-gu, Seoul, Room 103
refugee_health@freemed.or.kr
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