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(영문) 서울행정법원 2019.06.26 2019구단60946

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 February 11, 2017, the Plaintiff entered the Republic of Korea with the nationality of the Republic of Ghana (Rona, hereinafter “A”), and applied for refugee status to the Defendant on February 21, 2017, with the short-term visit (C-3) sojourn status.

B. On July 24, 2018, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on August 9, 2018, but the Minister of Justice dismissed the objection on February 14, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion changed from Islamic schools to Scariology in around 2016, and became a kind of dispute and conflict with that of the Plaintiff.

The plaintiff's referring would die if it is not opened again to Islamic bridge, and also threaten the plaintiff as a match gun.

Such a situation of the Plaintiff’s face corresponds to a fear that has sufficient grounds to recognize that he/she may be injured on the ground of religion, and the Plaintiff does not want to receive protection from the country of nationality or to receive protection.

Nevertheless, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, it is sufficient to recognize that refugee status may be persecutioned for reasons of race, religion, nationality, status as a member of a specific social group or political opinion.

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