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(영문) 서울행정법원 2015.04.24 2014구합19896
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 August 10, 2005, the Plaintiff initially entered and stayed in the Republic of Pakistan (D-3) in the capacity of industrial training (D-3) on August 10, 2005, and filed an application for refugee status with the Defendant on November 9, 201, five days prior to the expiration date of the relevant period of stay ( November 14, 201).

On November 14, 2013, the Defendant issued a non-recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that there was no “probably-founded fear of persecution” (see Article 2 subparag. 3 of the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012); Article 1 of the Convention on the Status of Refugees; Article 1 of the Protocol on the Status of Refugees).

The Plaintiff filed an objection with the Minister of Justice on December 20, 2013, but was dismissed on June 27, 2014.

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the disposition of this case as to Gap’s evidence Nos. 1, 2, Eul’s evidence Nos. 1, 2, and Eul’s evidence Nos. 1 and 2, and the purport of the entire pleadings as to the validity of the disposition of this case was lawful on or around June 2, 2011, and the Plaintiff visited Pakistan on or around June 16, 2011 and prepared regional seminars of a political party “PTI” (hereinafter “PTI”) in the area of Pakistan T-E-Nsaf (hereinafter “PLN”) in the area of Pazan (FAD) on or around June 22, 2011, and obstructed the Plaintiff’s escape by taking advantage of and threatening the Plaintiff’s general public.

The plaintiff's birth reported to the police on the same day, and PMF-N members continued to threaten the plaintiff by telephone.

As such, even though there is a risk that the Plaintiff would be stuffed on the grounds of political opinion when the Plaintiff returned to Pakistan, the Defendant did not recognize the Plaintiff as a refugee, and the instant disposition is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

The whole pleadings shall be made on each entry of Gap evidence 4, Eul evidence 2 to 5.

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