A court has ruled that the immigration administration's denial of humanitarian stay permits solely based on a simple criminal record of fines is unjust.
The Gwangju District Court Administrative Division 1 (Director General Kim Jeong-jung) announced on the 25th that it ruled in favor of Yemeni national A in the lawsuit against the head of the Gwangju Immigration and Foreign Affairs Office seeking to cancel the 'denial of humanitarian stay permit' disposition.
The court accepted the plaintiff's request and ordered the Gwangju Immigration and Foreign Affairs Office to cancel the denial of the humanitarian stay permit issued to A.
A entered the country in 2016 on a short-term visit visa and has extended his stay as an 'asylum seeker,' stating he cannot return to Yemen due to the ongoing civil war.
During this period, he was convicted of a sexual crime on the subway and received a summary order of a 3 million won fine from the court.
Immigration authorities classified A as a target for forced deportation based on his criminal record in the country and issued a denial of stay.
The court stated, 'The plaintiff's criminal record is not a matter serious enough to exclude him from refugee recognition. It is difficult to view it as corresponding to an exception for prohibiting forced repatriation.'
According to this ruling, A will undergo the refugee review process for the third time after his application.