난민불인정결정취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant asserts that the instant lawsuit is unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit.
Pursuant to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision not to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives such notification, and a person who has filed an objection shall file a revocation lawsuit within 90 days from the date he/she receives a notice of a decision not to recognize refugee status, and where he/she fails to file an objection, he/she shall file
Comprehensively taking account of the respective descriptions and the purport of the evidence Nos. 1 and 2, the Plaintiff may recognize the fact that the Plaintiff received a refugee non-recognition notice on August 22, 2016. However, it is evident that the Plaintiff filed the instant lawsuit on January 26, 2017 after the lapse of 90 days from the date of receipt without filing an objection with the Minister of Justice within 30 days therefrom.
Therefore, the instant lawsuit is unlawful as it was filed after the lapse of the filing period.
2. It is so decided as per Disposition by the assent of all participating Justices, since the lawsuit of this case is unlawful.