난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On September 3, 2011, the Plaintiff entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 3, 2011 and stayed, and applied for refugee status to the Defendant on August 4, 2015.
B. On May 31, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on June 13, 2016, but was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 22, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s argument was the head of A or B village, and the Plaintiff’s family members, including the Plaintiff’s parents, were murdered because the Plaintiff’s relative village residents did not refuse to do so, and the other descendants of the father did not succeed to the status of the head, and the Plaintiff’s family members, including the Plaintiff’s parents, did not go.
If the plaintiff returns to Ghana, the relatives of the plaintiff will threaten the plaintiff and find out his father's whereabouts, and there is a risk that the plaintiff could harm the plaintiff and the children on the ground that the plaintiff is a lineal descendant of the father.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff was a refugee suffering from persecution.
B. (1) Determination (1) Article 2 Subparag. 1 of the Refugee Act, refugee status means the protection of a country of nationality due to well-founded fear to recognize that a person is likely to be injured on the ground of race, religion, nationality, status as a member of a particular social group, or political opinion.