난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
On September 25, 2015, the Plaintiff filed an application for refugee status with the Defendant on October 21, 2015, while entering the Republic of Ghana (C-3 and 30 days of stay) for a short-term visit visa (C-3 and 30 days of stay) and staying there.
On January 27, 2016, the Defendant rendered a disposition not to approve 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 February 19, 2016, but the said objection was dismissed on September 9, 2016.
【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s Nos. 1 through 3, Eul’s Nos. 1 and 2, etc., and the Plaintiff’s family members, on the ground that they assault the Plaintiff and returned to Muslim.
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 plaintiff's assertion is not a religious reason but a religious conflict between family members, and it is difficult to regard it as a ground for recognition of refugee status under the Refugee Act.
Even if this is considered as a ground for recognition of refugee, Ghana reaches 69% of the total population, and it is the Constitution.