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 January 11, 2013, the Plaintiff entered and staying in the Republic of Pakistan (C-3) for a short-term visit (C-3) sojourn status (the expiration date: April 11, 2013) and filed an application for refugee status with the Defendant on March 25, 2013.
B. On February 26, 2014, the Defendant rendered a disposition of non-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 prejudicial to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
C. The Plaintiff appealed and filed an objection with the Minister of Justice on March 12, 2014, but the Minister of Justice dismissed the said objection on September 30, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2 (including branch numbers) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff had resided in Pakistan and operated food stores, and that party members of Mutta Whitea Quami Move Management (hereinafter “M QM”) found the above food store from May 2012 to three times, and that 30,000 U.S. deducted total of 30,000 U.S. from the Plaintiff as legitimate operating expenses. During that period, the Plaintiff abused the Plaintiff.
Therefore, in the event that the Plaintiff returned to Pakistan, there is a risk of persecution from the political party of QM for the foregoing reasons, and thus, the instant disposition taken on a different premise is unlawful.
(b) The details of the relevant statutes are as shown in the attached statutes.
C. 1 In order to be recognized as a refugee under Article 2 subparag. 3 of the former Immigration Control Act, the applicant for refugee status must have a well-founded fear of persecution in his/her country of origin in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution.