| Nationality |
China |
| Case Overview |
The client’s minor child was involved in a voice phishing crime, resulting in visa extension denial and a deportation order. |
| Special Circumstances |
The minor was the only one given a deportation order while the rest of the family resided in Korea. |
| Case Handler |
Deputy Chief Attorney Juhyeong Kim |
| Outcome |
Victory, cancellation of deportation order, and visa extension denial. |
1. Client Situation and Facts
The client, a Chinese national, faced a situation where their minor child’s visa extension was denied, and a deportation order was issued due to involvement in a voice phishing crime. The client sought help from Ma-Jung Foreign Client Center.
The minor child, a teenager, unknowingly got involved in the crime after being asked by a friend from a local PC room to run an errand for a small fee. As a minor, the child received juvenile detention and probation. Despite this, the client’s visa was extended, but the child’s visa was not, resulting in a deportation order for the child. The client, remarried to a Korean citizen, had all family members residing in Korea, making the situation dire if the child were deported alone.
Ma-Jung advised filing an administrative lawsuit to challenge the visa extension denial and deportation order.
2. Case Issues and Resolution Process
1) Urgent Filing and Fact Verification
Given the imminent deportation, Ma-Jung promptly filed the lawsuit before the deportation deadline. We gathered detailed information about the family’s situation and the circumstances of the crime.
2) Mitigating Factors for the Minor
We argued that the child, as a minor with limited judgment, was unaware of the criminal nature of their actions. The client and their child showed genuine remorse, and it was excessive to issue a deportation order based on this single incident. We emphasized the child’s lack of prior criminal history and the significant steps taken towards rehabilitation, including completing educational programs and engaging in community service.
3) Family Unity and Humanitarian Concerns
The client’s remarriage to a Korean national and the establishment of a family in Korea were highlighted. The minor, if deported, would have no family support in China. We argued for the right to family unity, emphasizing the humanitarian aspects of the case. The minor’s efforts to integrate into Korean society, such as preparing for the GED and participating in volunteer work, were also presented.
4) Challenging the Immigration Office’s Discretion
We cited relevant laws and precedents, arguing that the public interest gained from deporting the child did not outweigh the significant personal and social impact on the family. We demonstrated that the Immigration Office had abused its discretionary power by not adequately considering the minor’s circumstances and the family’s right to unity.
5) Submission of Supporting Evidence
We provided evidence of the lack of family support in China, including death certificates of grandparents who previously cared for the child. Additional documents included testimonials from community members supporting the child’s integration into Korean society.
3. Case Outcome and Client Benefit
The court sided with Ma-Jung’s arguments, ruling that the Immigration Office had abused its discretion.
The deportation order and visa extension denial were canceled, allowing the child to remain in Korea with their family.
4. Significance of the Judgment (Explanation of the Disposition)
Immigration administration aims to ensure public safety and order, often emphasizing public interest over individual hardships. However, discretionary power is not unlimited. When the public interest does not significantly outweigh the personal and social impact on the affected individuals, it can be argued that the administration has abused its discretion.
Successfully challenging such decisions requires a logical presentation of the foreign national’s social ties, family unity, and lack of threat to public order. Ma-Jung Law Firm is dedicated to assisting individuals facing unjust deportation or visa extension denial, ensuring their rights and interests are protected.
