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(영문) 서울행정법원 2015.03.05 2014구합20452
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On December 11, 201, the Plaintiff entered the Republic of Korea with the status of stay for short-term commercial use (C-3) on a short-term basis (C-3), and filed an application for refugee status with the Defendant on February 27, 2012.

B. The Defendant, on December 24, 2013, promulgated with sufficient grounds for stuffing the Plaintiff [the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; the same applies hereinafter]

) On the ground that Article 2 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist, a disposition not to recognize refugee status (hereinafter “instant disposition”) was made.

C. On February 20, 2014, the Plaintiff filed an objection with the Minister of Justice on February 20, 2014, but the said objection was dismissed on September 30, 2014.

The Plaintiff visited Pakistan from September 13, 2014 to November 11, 2014.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, Eul evidence 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Plaintiff’s father from around 1998 to his father is the Pakist Musist Mawaz (hereinafter “PML-N”).

(2) Around May 2010, the Plaintiff supported a political party and B belonging to the above political party, and the Plaintiff was also engaged in a general support election campaign, not a party member, at the time of the election for the representative of a local constituency. (2) The Plaintiff carried out an election campaign as the representative of the election campaign group, and there was a dispute between the members of the Pakistan People’s Republic of Pakistan (PPP). In particular, after the election for B was elected, the PP party member killed and killed the Plaintiff in total, and destroyed the Plaintiff and his father on May 2010.

Therefore, the plaintiff shall return to the Republic of Pakistan.

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