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(영문) 서울행정법원 2018.04.11 2018구단53

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On April 7, 2017, the Plaintiff filed an application for refugee recognition with the Defendant as a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”).

B. On April 26, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that it cannot be deemed that the Plaintiff did not constitute a person with a sufficient well-founded fear that the Plaintiff would be injured.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on June 5, 2017, but the Minister of Justice dismissed the objection on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that Egypt was eligible to support Egypt’s political association, and that B participated in an open demonstration on June 30, 2012 at the Gun branch’s regime, which was established by Egypt’s regratized C President from Egypt’s political association, and that on July 30, 2012, Egypt’s members were unlawfully arrested and detained for four days, and was urged by Egypt security authorities to speak the new information of Egypt’s members. On August 10, 2012, the Plaintiff received several times from Egypt government.

If the plaintiff returned to Egypt, it is likely that Egypt government will be stuffed on the ground of the plaintiff's political opinion.

B. A foreigner who files an application for recognition of refugee status 1 must prove that there is a “comfortly-founded fear” that is detrimental to gambling.

In light of the special circumstances of the foreigner, it is not possible to require the foreigner to prove the entire alleged facts by objective evidence. However, in order to be recognized as a refugee, it is consistent and persuasive in the statement at least, and the course of entry.