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(영문) 서울행정법원 2018.04.11 2018구단53842

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 March 9, 2017, the Plaintiff filed an application with the Defendant for recognition of refugee status as a foreigner of the nationality of the Republic of India (hereinafter “ India”).

B. On March 21, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff was a person with a sufficiently-founded fear that the Plaintiff would be injured by gambling.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on April 11, 2017, but the Minister of Justice dismissed the objection on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion confirmed that, around 2016, the State of India, a region in which the Plaintiff is residing, the Republic of Korea confirmed that, in the election of the State Council members of the State Council (hereinafter “State Council election”), the Islamic believers (Baujan Samaj) was scheduled February 2017, the Plaintiff recruited the Islamic believers as a candidate and actively supported the Pamaz.

However, on May 15, 2016, about 15 members of the Indian People's Party (Bratiya Janaty) who are based on India's right as a member of the Party of India, the Plaintiff, on the grounds that the Plaintiff supported the post-mathmn business in the Jeju Congress election, assaulted his father and the Plaintiff and his father, handled only the decrepitation at the above mathal point, handled only the decretion in India, and threatened the police to report that he sells the fat at the above mathal point, even though he did not treat it as being prohibited from selling in India.

If the plaintiff returned to India, it is likely that the plaintiff would be stuffed for the plaintiff's political opinion or religion from the members of the Indian People's Party.

B. A foreigner who files an application for recognition of refugee status 1 must prove that he/she has “an infinitely-founded fear of persecution.”

at this time.