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(영문) 서울행정법원 2015.12.24 2015구단13768

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Details of the disposition

On May 8, 2015, the Plaintiff applied for refugee status to the Defendant on May 12, 2013 while entering the Republic of Pakistan for short-term visit visa (C-3 and 10 days of stay) and staying there.

On June 12, 2015, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s evidence Nos. 1 through 3, Eul’s evidence Nos. 1 and 2 was justifiable, and the Plaintiff withdrawn support from the support of the QuM political party on or around March 23, 2015, and carried out an election campaign to support the legitimate candidate in a special election implemented on April 23, 2015.

If a person of the QM party finds and continues to support the plaintiff, he/she threatened the plaintiff with his/her death.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in the case that the plaintiff returned to Pakistan.

Judgment

Considering the following circumstances, it is insufficient to view that there is a well-founded fear for the Plaintiff to suffer persecution in full view of the respective entries and arguments in Gap evidence Nos. 4 through 9 and Eul evidence Nos. 3 through 5 (including each number), and there is no other evidence to acknowledge this differently, the Defendant’s disposition of this case is legitimate.

The plaintiff was not a member of the M QM political party, and was not a member of the M QM political party or a political activity in favor of the political party, and only activities to the extent that they merely participate in the election campaign with a separate occupation.