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Enforcement Decree of the Immigration Act — Article 80-6 (Decision of dismissal by Immigration Detention Review Committee)

출입국관리법 시행령 제80조의6

This English translation is based on the Korean text effective 2025-06-01. The Korean law has since been amended (current version effective 2026-10-02) — check the Korean original.

(1) Where it is impracticable to deliberate on a detainee only with the facts stated in the relevant request for examination or application for temporary release from detention because the detainee in receipt of a request for supplementation in accordance with the main clause of Article 80-5 (1) fails to supplement within the period for supplementation, the Immigration Detention Review Committee may dismiss such request for examination or application by decision.

(2) Upon receipt of a written request for examination or an application under Article 80-5 (1) 1, 3, or 4, the Immigration Detention Review Committee may dismiss the request for examination or application (hereafter referred to as "request for examination, etc." in this paragraph and Article 80-7) by decision if it falls under any of the following:

1. Where the detainee who is a party to any of the following requests for examination, etc. is released from detention, departs from the Republic of Korea, or dies:(a) Request for examination of detention under Article 55 (1) of the Act;(b) Application for approval for extension of detention period under Article 63 (2) of the Act;(c) Application for temporary release from detention under Article 65 (2) of the Act;

2. Where the detainee who is a party to the application for temporary release from detention is temporarily released from detention;

3. Where the person who filed a request for examination, etc. withdraws his or her request for examination, etc. in accordance with Article 80-7;

4. Where a request for examination, etc. is made again with respect to matters on which a decision has been made under Article 70 (1), 78 (4), or 79-2 (3) because a request for examination, etc. has already been made; provided, this shall not apply to cases recognized by the Immigration Detention Review Committee that there is a valid reason, such as when the reason for the decision to dismiss that has already been received is clearly resolved;

5. Where a request for examination, etc. is inappropriate because it fails to meet the requirements.[This Article Added on May 27, 2025]

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