강제퇴거명령및보호명령취소
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 13, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality, and applied for refugee status to the Defendant on July 15, 2016. The Defendant decided to recognize refugee status on July 26, 2016.
B. The Plaintiff filed an objection against the decision on non-recognition of refugee status. On July 28, 2016, the Defendant discovered the forgery of the Plaintiff’s entry and departure inspector of Singapore, Lebaba, and Malaysia, which was sealed on the Plaintiff’s passport, and issued a deportation order (hereinafter “instant deportation order”) pursuant to Articles 46(1)1 and 3, 7(1), 11(1), and 11(1)3 and 4 of the Immigration Control Act, while issuing the deportation order (hereinafter “instant deportation order”) pursuant to Articles 51 and 63 of the Immigration Control Act, the Defendant issued the protection order (hereinafter “instant protection order”) pursuant to Articles 51 and 63 of the Immigration Control Act until he/she can be repatriated from July 27, 2016, and combined with the instant deportation order.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4 (including paper numbers), Eul evidence No. 6, the purport of the whole pleadings
2. Whether each of the dispositions of this case is legitimate
A. Each of the dispositions of this case shall be revoked on the ground that the plaintiff's assertion is as follows.
1) Whether the instant order of deportation was unlawful) The Plaintiff, as a refugee applicant, has affixed a forged examiner at a level that inevitably sought a method to avoid repatriation to Egypt in Malaysia and to arrive in Korea through friendly means. Since the Plaintiff used a third party’s name passport, or affixed a forged examiner for the purpose of preventing identification by using a forged passport, it is difficult to deem that there exists a ground for disposition under Article 11 subparag. 3 and 4 of the Immigration Control Act to the Plaintiff.
B) Even if the above grounds for disposition exist, the Plaintiff may be recognized as a refugee, and the Convention on the Status of Refugees (hereinafter “Convention”).