If I filed an objection but still did not receive refugee recognition, is there a next procedure to seek remedy of rights?
▪ If refugee recognition is not granted even after the objection, you can file an administrative lawsuit.
▪ However, an administrative lawsuit must in principle be filed against the original disposition, which is the refugee non-recognition decision or the refugee recognition cancellation/withdrawal disposition. Exceptionally, an administrative lawsuit against the objection dismissal or rejection decision itself can only be filed if there is inherent illegality in the objection dismissal or rejection decision.(Administrative Litigation Act, Article 19)
▪ In the case of receiving an objection dismissal decision under Article 11, Paragraph 1, Item 2 of the Enforcement Decree of the Refugee Act (including cases where humanitarian stay permission has been granted), you can file an administrative lawsuit against the refugee non-recognition decision or refugee recognition cancellation/withdrawal disposition with the head of the relevant regional immigration and foreigner office that made the disposition within 90 days from the date of receiving the dismissal decision notice.(Administrative Litigation Act, Article 20, Paragraph 1)
▪ However, in the case of receiving an objection rejection decision under Article 11, Paragraph 1, Item 3 of the Enforcement Decree of the Refugee Act, even if you file an administrative lawsuit against the refugee non-recognition decision or refugee recognition cancellation/withdrawal disposition within 90 days from the date of receiving the rejection decision notice, the court may not consider the filing period as compliant and may dismiss it, so please take note.
▪ In cases where there is inherent illegality in the objection dismissal or rejection decision itself, you can file an administrative lawsuit against the Minister of Justice within 90 days from the date of receiving the objection dismissal or rejection decision notice.
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If I filed an objection to the refugee non-recognition but still did not receive refugee recognition, is there a next procedure to seek remedy of rights?
10/1/2025
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