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(영문) 서울행정법원 2015.12.10 2015구단13874

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 January 29, 2013, the Plaintiff filed an application for refugee status with the Defendant on April 1, 2013 while entering the Republic of Canada for a short-term visit visa (C-3 and 90 days of stay) (hereinafter referred to as "C-3") and staying there.

On April 2, 2014, the Defendant rendered a disposition not to approve 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 of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on April 21, 2014, but the said objection was dismissed on July 1, 2015.

【Ground of recognition” without any dispute, Gap evidence 1 through 4, Eul evidence 1, Eul evidence 2-1, and Eul evidence 2-2, the plaintiff's assertion as to the legitimacy of the disposition of this case has experience of sexual assaulting three times from both A and B, under the bottom of both A and B.

However, on January 3, 2013, the two have tried to assault the plaintiff again, and the plaintiff resisted the plaintiff, who was able to resist and get her to be hereral disease, and eventually the two have died.

Accordingly, as a retaliation against the death of the two-years, the two-years attempted to kill the plaintiff as a retaliation.

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 case the plaintiff returned to Kamera.

Judgment

If the above facts are added to the contents of evidence Nos. 4 and 5 and the purport of the whole pleadings, it is not sufficient to view that the plaintiff has a well-founded fear of persecution, taking into account the following circumstances, and there is no evidence to prove otherwise, the defendant's disposition of this case is legitimate.

The reason that the plaintiff asserts is a criminal offense or a dispute between family members.