난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On August 10, 2016, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) sojourn status on August 10, 2016, and applied for refugee status to the Defendant on September 22, 2016.
On October 21, 2016, 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 of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.
The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 29, 2016, but the said objection was dismissed on July 18, 2017.
【In the absence of any dispute, the Plaintiff’s father, at around 2010, joined a youth organization and play a vice-chairperson in the area D, as to whether the disposition of the instant case is legitimate or not, and the Plaintiff’s father was lawful.
On May 3, 2016, at the location where the father of the Plaintiff was residing, there was a group of students with Awami Lagle. At that time, one of the students who suffered fightings between Ama and Lia and BNP party members died.
At the time, the Plaintiff’s father was not at the site, but was accused of murder on May 3, 2016, and the arrest warrant was issued on July 13, 2016 on the ground that he possessed firearms in the house, and the trial is in progress.
For this reason, the plaintiff's father's return to his own country is highly likely to be harmful to gambling.
Therefore, the instant disposition that did not recognize the Plaintiff as a refugee according to the family-combined principle is unlawful.
Judgment
In full view of the provisions of subparagraph 1 of Article 2 and Article 18 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, it is persecutioned for reasons of race, religion, nationality, membership of a particular social group or political opinion.