난민불인정결정취소
1. The plaintiff A's lawsuit shall be dismissed.
2. The plaintiff B's claim is dismissed.
3. The costs of lawsuit are assessed against the plaintiffs.
1. The Plaintiffs are the subject disposition foreigners of Liberia nationality.
Plaintiff
A on May 16, 2014, the head of the defendant Incheon Airport Immigration Office, and the plaintiff B filed an application for refugee recognition with the head of the defendant Immigration Office on September 14, 2015.
On December 31, 2014, the head of the defendant Incheon Airport Immigration Office rendered a decision to deny refugee status on the ground that the defendant Immigration Office does not recognize the plaintiff A's "a sufficient well-founded fear that the plaintiff B would suffer from persecution" on October 6, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 5 and 7, the purport of the whole pleadings
2. According to Article 20(1) of the Administrative Litigation Act and Article 21 of the Refugee Act, a person, who has received a decision to recognize refugee status, may file an objection with the Minister of Justice within 30 days from the date he/she is notified of the decision to dismiss the objection, and the person, who has filed an objection, shall file a suit of cancellation within 90 days from the date he/she
On the ground that a revocation suit was filed against a decision to dismiss an unlawful objection that has been rejected within 30 days from the date when the decision to deny refugee status was notified, and within 90 days thereafter, a revocation suit is not deemed to have been re-complianced with the original decision to deny refugee status.
(see Supreme Court Decision 201Du18786, Nov. 24, 2011). Plaintiff A notified the head of the Defendant Incheon Airport Immigration Office on January 9, 2015, and filed an objection with the Minister of Justice on February 26, 2015, after the lapse of 30 days from the notification.
(A) Nos. 5 and 6. On September 26, 2016, the Plaintiff filed the instant lawsuit seeking the cancellation of the original decision on refugee non-recognition on December 22, 2016, which was not more than 90 days from the notification of the decision on non-recognition of refugee status on September 26, 2016 (Evidence 6) with respect to the foregoing objection that was illegal by the Plaintiff A. The filing date of the lawsuit is more than 90 days from the notification of the decision on non-recognition of refugee status.