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(영문) 서울행정법원 2019.07.10 2019구단7013
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 July 11, 2017, the Plaintiff entered the Republic of Egypt (B-2) as a foreigner of the nationality of the Republic of Egypt (hereinafter “Egypt”) and applied for refugee status to the Defendant on August 8, 2017.

B. On October 17, 2017, the Defendant rendered a decision on the recognition of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would suffer from persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on December 11, 2017, but the Minister of Justice dismissed the objection on April 10, 2019.

【Fact-finding without a dispute over the basis of recognition】 Facts, Gap's evidence of subparagraphs 1 through 4, and Eul's evidence of subparagraphs 1 through 4, and the purport of whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was threatened by being abused from his family members and neighbors in Egypt, who are nationality countries, on the grounds that the Plaintiff joined Islamic schools as a slovas.

The instant disposition taken on a different premise is unlawful, even though the Plaintiff was in a state of stuffing in Egypt for religious reasons.

B. Determination 1) The fact that an applicant for refugee status has “contributably based fears” on the grounds of “a person’s race, religion, nationality, status as a member of a specific social group, or political opinion” ought to be attested by the refugee status applicant (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this context, in light of the special circumstances of the relevant foreigner, the applicant cannot require the relevant foreigner to prove all facts alleged based on objective evidence. However, in order to be recognized as a refugee, the applicant is consistent and persuasive in the statement of the applicant for refugee status, and at least he/she feel subjectively.

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