Court finds rejection of asylum application illegal due to lack of review

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A court on Sunday found immigration officials’ rejection of an asylum application to be unlawful on the basis that it lacked proper review.

The Gwangju District Court reportedly ruled that the immigration office’s decision to reject a Cambodian citizen’s application for refugee status was unlawful on the grounds that it failed to take necessary steps to thoroughly check the applicant’s reasons for seeking asylum.

The asylum-seeker, who entered Korea on an E-9 working visa several years ago, submitted the application in October 2022, claiming that persecution upon return is very likely due to the political activities the person took part in for the Cambodia National Rescue Party. The once-popular opposition party was dissolved in November 2017 over allegations that it was plotting to overthrow the government following a ruling by the Supreme Court of Cambodia.

But two months after the application, the immigration office rejected it, prompting the applicant to bring the issue to court.

The court said the asylum-seeker’s claim about persecution is credible. It also pointed out that the immigration office did not verify the credibility of the claim as required by law.

“The immigration officials do not appear to have conducted a probe into the reasons for turning in the application for asylum and the period of the person’s anti-government activities in Korea. The documents regarding permission of stay don’t show the results of the specific evaluation on the case,” the court said, adding that it was unreasonable to view that the application was made in an attempt to abuse Korea's immigration system.