난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On April 6, 2014, the Plaintiff, a foreigner of the Republic of Senegal (hereinafter “Senegal”)’s nationality, entered the Republic of Korea as a short-term visit (C-3) sojourn status and stayed, and applied for refugee status to the Defendant on November 12, 2014.
B. On February 25, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that 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.
C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on February 29, 2016, but the objection was dismissed on December 22, 2016, and the Plaintiff received a notice of dismissal decision around January 16, 2017.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is a threat to one’s family members and neighbors by being mistakenly mistaken for same-sexs even though they are not same-sexs.
Therefore, the defendant's disposition of this case made on a different premise is unlawful even though the plaintiff's status as a member of a specific social group constitutes a refugee suffering from persecution.
B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall, upon the request of a foreigner in the Republic of Korea who is unable to obtain protection of the country of his/her nationality or does not want the protection of the country of his/her nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion.