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(영문) 서울행정법원 2020.10.21 2020구단63026
난민불인정결정취소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On November 7, 2017, the Plaintiff entered the Republic of Liberia (hereinafter “L-1”) as a foreigner of the nationality of the Republic of Liberia (hereinafter “Liberia”) and applied for refugee recognition to the Defendant on November 27, 2017 (hereinafter “instant application”).

B. On June 7, 2019, the Defendant rendered a decision on the refusal of refugee status on the ground that the Defendant cannot recognize “sufficiently based fears that would be prejudicial to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on July 5, 2019, but the Minister of Justice dismissed the objection on February 6, 2020.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 through 4, Eul evidence 1, 2 and 4, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined a political party in Liberia, a nationality State, in around 201, and actively participated in political activities.

In 2011 and around 2017, the Plaintiff made a campaign speech that criticizes the current candidate C, who is the Egyptian party, and recommended other persons to not vote in the above candidate.

On the grounds of these political activities of the plaintiff, members of the Egypt Party have threatened the plaintiff by collectively assaulting the plaintiff.

Therefore, the defendant's disposition that the plaintiff did not accept the plaintiff's application for refugee status even though it is likely to threaten the life or body of the plaintiff when the plaintiff returned to Liberia is illegal and thus the disposition of this case should be revoked.

B. The fact that an applicant for refugee status 1 has “contributedly-founded fears” on the grounds that the applicant is “a member of a specific social group,” such as race, religion, nationality, or political opinion.

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