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(영문) 서울행정법원 2017.11.30 2017구단32039

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On October 31, 2013, the Plaintiff filed an application for refugee status with the Defendant on August 7, 2014 while entering the Republic of Egypt (hereinafter “Egypt”) and staying there in the Republic of Korea as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”).

B. On February 9, 2017, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee on the ground that the Plaintiff’s assertion does not constitute “a sufficiently based fear that she would be injured” as stipulated in the Refugee Act and the Convention on the Status of Refugees (hereinafter “instant disposition”).

C. On April 25, 2017, the Plaintiff filed an objection with the Minister of Justice on April 25, 2017, but the decision was rendered to dismiss the Plaintiff’s application on July 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion is a general member of the Muslim type group, and the Plaintiff participated in demonstration at least three times in its home country, and there is a risk of being arrested by the government or the police, as it has an opposing position to the government’s policies.

Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.

B. In full view of the following circumstances revealed by adding up the above facts of recognition and the purport of the evidence No. 4 and the entire pleadings, it is insufficient to deem that the Plaintiff has a sufficiently-founded fear of persecution, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

1 It is true that Egypt government is harming the unslateral group when based on objective state situation. However, this is limited to the members who are engaged in the unslateral group or active activities, and the government is simply supported or general.

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