난민불인정결정취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff entered the Republic of Korea with the status of stay accompanied (F-3) on July 3, 2014, and applied for refugee status to the Defendant on July 22, 2015.
B. On September 11, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff 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, and received a notice of decision to recognize refugee status on July 7, 2016.
C. The Defendant dissatisfied with the instant disposition and filed an objection with the Minister of Justice on September 22, 2015, but the objection was dismissed on February 24, 2017, and the Plaintiff received a notice of dismissal decision on May 8, 2017.
[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1, 2 and 4 evidence, the purport of the whole pleadings
2. The defendant, which judged on the previous defense of the merits, deems the lawsuit of this case unlawful as it had been filed after the lapse of the period for filing the lawsuit.
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 of non-recognition of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives such notification, and a person who has filed an objection shall file a lawsuit for cancellation within 90 days from the date he/she
The instant lawsuit is unlawful on the grounds that it is apparent that the Plaintiff was filed on August 8, 2017 after the lapse of 90 days from May 8, 2017, when the Plaintiff received a notice of dismissal decision on the Plaintiff’s filing of objection.
Therefore, the instant lawsuit is unlawful.
3. Thus, the lawsuit of this case is dismissed as unlawful.