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. On December 15, 2016, the Plaintiff entered the Republic of Korea for a short-term visit (C-3) status on December 15, 2016, and applied for refugee status to the Defendant on December 26, 2016.
B. On July 18, 2017, 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”). On July 19, 2017, the Plaintiff received a notice of decision to deny refugee status.
C. The Plaintiff filed an objection with the Minister of Justice on August 9, 2017, but the Minister of Justice dismissed the objection on September 3, 2018.
On November 20, 2018, the Plaintiff served a notice of dismissal of an objection, and filed the instant lawsuit on August 14, 2019.
[Reasons for Recognition] The court's significant facts, Eul's evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. Determination on the legitimacy of the instant lawsuit
A. The plaintiff of this case filed the lawsuit of this case 90 days after the date on which he received a notice of dismissal decision of the Minister of Justice's objection. The lawsuit of this case filed with the excessive time limit is unlawful.
B. We examine the judgment, and pursuant to Article 20(1) of the Administrative Litigation Act, a revocation lawsuit shall be instituted within 90 days from the date when the person becomes aware of the disposition, etc., and when an administrative appeal is filed, the above period shall be counted from the date when the certified copy of the written
In the instant case, the Plaintiff received a notice of decision of dismissal from the Minister of Justice on November 20, 2018, and filed the instant lawsuit seeking revocation of the instant disposition with the court on August 14, 2019.