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(영문) 서울행정법원 2016.10.27 2016구단23434

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 July 7, 2015, the Plaintiff filed an application for refugee status with the Defendant on September 8, 2015, while entering the Republic of Ghana (hereinafter referred to as “A”) with a short-term visit visa (C-3) and staying there.

On December 15, 2015, 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 filed an objection with the Minister of Justice on January 14, 2016, but the said objection was dismissed on the same ground as May 25, 2016, and the decision of dismissal was notified to the Plaintiff on September 5, 2016.

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition as indicated in Gap’s No. 1 through 3, Eul’s No. 1, and 2 was the Plaintiff, but the Plaintiff was the Plaintiff, on March 10, 2014, and thereafter, the Plaintiff’s family members and Muslim threatened with the Plaintiff on the ground of the outlined species.

Therefore, the defendant's disposition of this case which 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 Ghana.

Judgment

If the above facts are added to the contents of evidence Nos. 3 and 4 and the purport of the whole pleadings, it is insufficient to view that the plaintiff has a well-founded fear of persecution to the plaintiff, 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 not a religious reason but a religious conflict between families. It is difficult to view it as a ground for recognition of refugee status stipulated by the Refugee Act.

Even if this is considered as a ground for recognition of refugee, Ghana is the entire population.

참조조문