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(영문) 서울행정법원 2015.06.12 2014구합22045

난민불인정결정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On March 5, 2013, the Plaintiff first entered the Republic of Korea as a foreigner of the nationality of the Republic of Pakistan (hereinafter referred to as "Pakistan") with a short-term visit (C-3 and 30 days of stay) sojourn status on March 5, 2013, and applied for refugee status to the Defendant on March 28, 2013.

On February 14, 2014, the Defendant issued a non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection with the Minister of Justice on March 14, 2014, but was dismissed on September 30, 2014.

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and the purport of the entire pleadings is legitimate. The Plaintiff’s assertion as to whether the disposition of this case is legitimate, has supported the Party “C” (hereinafter referred to as “C”) with the Samnam village from around March 2002, as the hydropathic sect, which was born at the Skid Kach (Kachi), and supported the Plaintiff’s party member “D” (hereinafter referred to as “D”) with the third village from around March 2005, with the Plaintiff’s 3rd village at around November 11, 2012.

As such, when the plaintiff returned to Pakistan, there is a risk of persecution from members of the C on the grounds of political opinion.