난민불인정결정취소
On June 19, 2018, the defendant revoked the decision of non-recognition of refugee status made against the plaintiff.
Costs of lawsuit shall be borne by the defendant.
1. The circumstances leading to the decision of non-resident status ① The Plaintiff entered the Republic of Korea on August 19, 2015 with his/her birth female of the Republic of Brazil (Zimbwe) nationality B, and entered the Republic of Korea on August 19, 2015 with his/her husband C (C; hereinafter “C”) who is his/her husband, and entered the Republic of Korea with his/her short-term visit (C-3) sojourn status on December 4, 2016 with his/her husband as a D resident of Brazil nationality.
② On January 2, 2017, C filed an application for refugee status with the Defendant, and on January 5, 2017, the Plaintiff filed an application for refugee status with the Defendant on the ground that “the husband is threatened by the F members of the Party who participated in the activities of the Party E and the regular demonstration of the Party E and the House E.” with the Defendant on January 5, 2017.
③ On June 19, 2018, the Defendant rendered a decision not to recognize a refugee status against C on the same day, and on the same day, the Plaintiff determined that the Plaintiff applied for refugee status in accordance with the decision not to recognize a refugee status against the husband, since the Plaintiff did not have received attention or was stuffed due to E party members’ activities, etc. in his/her home country.
“On the ground that the decision was made to deny refugee status (hereinafter “instant disposition”).
④ Accordingly, C and the Plaintiff filed each objection with the Minister of Justice, but the Minister of Justice dismissed C and the Plaintiff’s respective objection on April 10, 2019.
⑤ On June 20, 2019, C took part in a semi-government demonstration on three occasions from June 2016 to September 2016, and took part in a camping party E during the period of August 2016, and F party members, who are the House Party, did not take part in a behavior to support the Party E at home around October 2016.
And C filed a lawsuit seeking revocation of the decision of non-resident status by asserting that F members of the Republic of Korea have found C even after entry into the Republic of Korea. However, on July 24, 2019 (Seoul Administrative Court Decision 2019Gudan9415), C’s appeal (Seoul High Court Decision 2019No. 52364) and appeal (Seoul High Court Decision 20192 57954) were all dismissed. < Amended by Act No. 13088, Jul. 24, 2020>