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(영문) 서울행정법원 2014.05.02 2013구합64394

강제퇴거명령 취소 등의 소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, a national foreigner, entered Turkey on May 6, 201 using a passport stating his/her actual personal information, and entered the Republic of Korea on May 16, 201, following the use of a forged Turkey passport. < Amended by Act No. 10799, May 16, 2011>

B. After that, the Plaintiff applied for refugee status to the Defendant on March 13, 2013 while illegally staying in the Republic of Korea. However, on April 30, 2013, the Plaintiff filed an objection against the said decision on June 28, 2013.

C. Meanwhile, the Defendant determined that the Plaintiff violated Article 7 of the Immigration Control Act, issued an emergency protection order against the Plaintiff on March 13, 2013, and issued a deportation order (hereinafter “instant deportation order”) and a protection order (hereinafter “instant protection order”) on March 14, 2013.

(hereinafter) The instant deportation order and the instant protection order are collectively referred to as the “instant disposition”). D.

On April 15, 2013, the Plaintiff requested the Defendant to take a temporary release from custody, and received a decision of temporary release from the Defendant on April 18, 2013, setting the period of temporary release from custody from the Defendant from April 18, 2013 to July 17, 2013.

(Period of temporary release was extended by April 17, 2014). E.

Then, on August 13, 2013, the Plaintiff filed an objection against the instant deportation order with the Minister of Justice on August 13, 2013, but the said application was dismissed on September 13, 2013, and the Plaintiff filed the instant lawsuit seeking revocation of the instant disposition on December 21, 2013.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 2, 6, 7, 13 through 15, 18, 22, 24, 25 (including each number, hereinafter the same shall apply), Eul's statements in Gap's 1 to 15, and the purport of the whole pleadings

2. Whether the lawsuit of this case is lawful

A. On March 21, 2013, the Plaintiff filed an objection against the instant deportation order. On March 21, 2013, the Plaintiff filed an objection against the instant deportation order. On March 21, 2013, the Plaintiff filed an objection against the instant deportation order.