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(영문) 서울행정법원 2016.07.22 2016구단53930
난민불인정결정취소
Text

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. On April 15, 2014, the Plaintiff filed an application for refugee recognition with the Defendant on the ground that he/she was threatened with joining an organization in his/her home country as a foreigner of Egypt nationality on the ground that he/she would join an organization in his/her home country.

B. On December 2, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff cannot be deemed as having “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On December 4, 2014, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on September 24, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual number), the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful as a lawsuit filed after the lapse of the filing period.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision to deny refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification. A person who has filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of decision to dismiss the objection against the instant disposition. According to the evidence No. 4, it is recognized that the Plaintiff received a notice of decision to dismiss the objection against the instant disposition on October 5, 2015, and it is apparent that the Plaintiff filed the instant lawsuit on March 31, 2016 after the elapse of 90 days thereafter. Thus, the instant lawsuit was filed after the lapse of the period for filing the lawsuit

The plaintiff can only understand the UAE nationality as a foreigner of Egypt, and has filed a lawsuit after the lapse of the filing period due to the lack of understanding the Korean and English language.

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