난민불인정결정취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff entered the Republic of Korea on August 2, 2017, with the status of stay for visa exemption (B-1) from August 2, 2017.
B. On August 29, 2017, the Plaintiff filed an application for refugee status recognition with the Defendant (hereinafter “instant application”). However, on November 9, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.
C. On November 23, 2018, the Plaintiff received the instant disposition notice and dissatisfied with the instant disposition, and filed an objection with the Minister of Justice on December 20, 2018, but the Minister of Justice dismissed the Plaintiff’s objection on December 23, 2019.
On March 18, 2020, the Plaintiff received the notice of dismissal of the above objection, and filed the instant lawsuit on June 17, 2020.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. A person in receipt of a decision to recognize refugee status pursuant to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act may file an objection with the Minister of Justice within 30 days from the date he/she is notified of the decision, and where an objection is filed, he/she shall not file an administrative appeal under the Administrative Appeals Act. Therefore, where an objection is filed under the Refugee Act, the period of filing an objection should be calculated in the same manner as an administrative appeal is filed under the proviso to
Therefore, a person who applied for refugee status shall file a revocation suit within 90 days from the date he/she receives a notice of dismissal decision on the objection.
B. In light of the foregoing legal doctrine, the Plaintiff received the instant disposition notice on November 23, 2018, and on December 20, 2018.