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(영문) 서울행정법원 2016.06.16 2016구단9438
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 October 17, 2014, the Plaintiff filed an application for refugee status with the Defendant on October 23, 2014 while entering the Republic of Canada for short-term visit visa (C-3 and 30 days of stay) and staying there.

On November 11, 2015, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on November 19, 2015, but the said objection was dismissed on March 24, 2016.

【The Plaintiff’s assertion as to the legitimacy of the disposition of this case as stated in Gap’s No. 1 through 4, Eul’s No. 1, and 2, was arrested in the police due to the crime of real acquisition and transfer of stolen goods in Kamera and left the Republic of Korea to avoid the sense of the correctional institution, while being arrested in the police as a bail.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in case the plaintiff returned to Kamera.

Judgment

In addition to the statement of the evidence No. 3 in the above recognition facts, the reason for the application of refugee status asserted by the plaintiff is a personal criminal offense, and it does not constitute a ground for recognition of refugee status under the Refugee Act by itself.

In addition, there is no evidence to view that there is a well-founded fear that the plaintiff is harmful to the plaintiff, and the defendant's disposition of this case is legitimate.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

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