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 May 26, 2016, the Plaintiff filed an application for refugee status with the Defendant on June 13, 2016, while entering the Republic of Egypt (B-1) and staying there in the Republic of Egypt (hereinafter “Egypt”).
B. On June 28, 2016, the Defendant rendered a disposition that does not recognize the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that would be subject to persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.
C. On July 18, 2016, the Plaintiff filed an objection with the Minister of Justice on July 18, 2016, but rendered a final decision dismissing the Plaintiff’s application on October 27, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings
2. Determination on the legitimacy of the disposition
A. The gist of the plaintiff's assertion is that the plaintiff's father was assaulted by the person who is the father of the plaintiff's father B, and the above B reached the knife in order to retaliation it, and thereafter the above B died, and is threatened with murder from the above victim's family members.
Therefore, if the Plaintiff returned to Egypt, the Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though it is highly likely that the Plaintiff might be stuffed due to the above circumstances.
B. In order to be recognized as a refugee, in addition to the requirement that the applicant for refugee status has a well-founded fear of persecution in his or her country, the applicant has been made on the ground of “a person’s race, religion, nationality, status as a member of a particular social group or political opinion”.
The reason for the persecution alleged by the Plaintiff is that “the Plaintiff is threatened with the victim’s family members who suffered injury and died,” and even if all of the allegations by the Plaintiff are acknowledged, this is a private threat of the Plaintiff’s home country.