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(영문) 서울행정법원 2017.07.20 2017구단16495
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 1, 1997, the Plaintiff entered the country of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”) as a foreigner of nationality, and applied for refugee status to the Defendant on December 14, 2015 after the expiration of the period of stay (E-9 February 3, 2012).

On March 2, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee Agreement”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

On March 28, 2016, the Plaintiff filed an objection with the Minister of Justice on March 28, 2016, but was dismissed on February 24, 2017.

On March 3, 2017, the Plaintiff received a notice of decision to dismiss an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff joined the NP and Ballade youth organizations in Bangladesh, thereby serving as Adviser’s position.

On December 19, 2008, while the election campaign demonstration was conducted on December 19, 2008, one party member and one party member died of violence.

After that, on January 9, 2009, BNP party members, including the plaintiff, and 20 to 25 support parties were indicted for murder.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of the country of nationality cannot be protected due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion, or the protection of the country of nationality.

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