How do I object to a immigration denial decision?
Based on: Immigration Act (출입국관리법) (Act No. 21857, effective 2026.10.2.) · HiKorea (하이코리아) "Immigration/Stay Guide" (revision date not confirmed) · "Legality of Departure Orders and Remedies for Rights under the Immigration Act - Focusing on the Relationship with Revocation of Stay Permission -" (December 2023, Ilgam Law Review (일감법학) No. 56, pp. 401-433, Konkuk University Law Research Institute (accepted for publication 2023.12.28.), DOI 10.35148/ilsilr.2023..56.401)First, keep the departure deadline written on the denial notice. For denials such as a stay extension or a change of status, there is no 'objection' system where you file again with the immigration office (출입국). Instead, you dispute it through an administrative appeal or an administrative lawsuit. Even while you are disputing it, you can become an illegal overstayer if the departure deadline passes.
First, check the type of decision
- Extension/change denial, departure order: There is also no objection system for a departure order. You dispute it through an administrative appeal or an administrative lawsuit. The departure deadline for a departure order is within 30 days from the date the order is issued. If you miss the deadline, you can receive a deportation order.
- Deportation order: File an objection within 7 days from the day you receive the order. Submit it to the Minister of Justice through the immigration office with jurisdiction over you.
What to do right now
- Check the decision name, the reason for denial, and the departure deadline on the notice.
- File an administrative appeal on the Online Administrative Appeal site (온라인행정심판) (simpan.go.kr). It is usually within 90 days from the day you learned of the decision. An administrative lawsuit is also usually filed with the court within 90 days.
- If you must stay in Korea while you dispute it, apply to the immigration office with jurisdiction for a postponement of the departure deadline or a change of status (for the lawsuit). If it is refused, you must apply to the court for a stay of execution.
- If the reason for denial is missing documents, it may be faster to complete the documents and apply again.
- Also check whether there was a problem in the decision process. For example, check whether you were not told in advance, had no chance to give your opinion, or were not given the reasons.
The deadlines are short, and the right response differs a lot by situation. We recommend reviewing your notice together through a K-VISA AI administrative agent consultation (Visa Service in the app). Do the final check at HiKorea (hikorea.go.kr) or 1345.
Sources
- 출입국관리법 · 제6장 강제퇴거 등 › 제60조 이의신청Deportation order: file an objection within 7 days from the day you receive the order
- 하이코리아 안내 · 출입국사범 심사결정 · 강제퇴거 › 이의신청7-day deadline for objecting to a deportation order
- 출입국관리법상 출국명령의 적법성과 권리구제 - 체류허가취소와의 관계를 중심으로 - › 실무에 쓸 포인트Departure order is disputed by administrative appeal or lawsuit, departure deadline is 30 days, check stay of execution and procedural defects
Related questions
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