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(영문) 서울행정법원 2018.12.21 2018구단18634
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Although the Plaintiff, as Ethiopia, is a national of Ethiopia, falls under refugee status under the Refugee Act, the Defendant sought revocation of the above disposition by asserting that it was unlawful for the Plaintiff to grant refugee status on May 10, 2017.

However, pursuant 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 of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives the notification, and a person who has filed an objection shall file a suit for cancellation within 90 days from the date he/she receives

However, according to the records of this case, it is recognized that the Plaintiff received a notice of rejection of the objection on June 11, 2018, and it is apparent that the Plaintiff filed the instant lawsuit on September 14, 2018 after the lapse of 90 days thereafter. Thus, the instant lawsuit is unlawful as it was filed with the lapse of the period for filing the lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.

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