난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On December 6, 2010, the Plaintiff, a foreigner of Bangladeshn nationality, entered the Republic of Korea with the status of non-professional employment (E-9) sojourn and stayed with the permission for extension of the period of sojourn, and filed an application for refugee status with the Defendant on May 1, 2013 after the expiration of the period of sojourn (E-9, December 3, 2012).
B. On May 22, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the Plaintiff registered as a party member of Jamaat-E-Islami in 1994, and participated in the general election in 196, 2001, 2006, and 2013.
In addition, the plaintiff participated in the demonstration as the chairperson of the Slater, the lowest administrative unit, etc., and issued the party members' instructions to participate in the event.
It is highly likely that the Plaintiff may threaten life and body for political reasons against the Plaintiff who continued to work as a member of the Slovagian Party in a hostile relationship with the Plaintiff at the time of returning home.
Therefore, the Plaintiff constitutes a refugee.
The disposition of this case made by the defendant on different premise is unlawful.
B. Determination 1) In full view of the provisions of Article 2 subparag. 3 and Article 76-2(1) of the former Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; Article 1 of the Convention Relating to the Status of Refugees; and Article 1 of the Protocol Relating to the Status of Refugees, the Defendant is on the grounds of race, religion, nationality, membership of a specific social group, or political opinion.