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(영문) 서울행정법원 2017.04.21 2016구단34915

난민불인정결정취소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 24, 2015, the Plaintiff applied for refugee recognition to the Defendant with the nationality of Kazakhstan.

B. On February 23, 2016, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Grounds for recognition] The items of evidence Nos. 1 and 2 and the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful as a lawsuit filed after the lapse of the filing period.

B. Determination 1) According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision not to recognize refugee status shall file an objection with the Minister of Justice within 30 days from the date he/she received the notification, or file a lawsuit for cancellation within 90 days from the date he/she became aware of such disposition. 2) However, according to each of the evidence No. 1 and No. 3, it is recognized that the Plaintiff received a notice of decision not to recognize refugee status on February 26, 2016, and it is apparent in the record that the Plaintiff filed the lawsuit of this case on December 28, 2016 after the lapse of 90 days thereafter. Thus, the lawsuit of this case is unlawful as it has been filed with the lapse of

Therefore, the defendant's main defense is justified.

3. As such, the instant lawsuit is unlawful and thus dismissed.