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(영문) 서울행정법원 2016.11.30 2016구단15259
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 October 1, 2015, after the expiration of the period of sojourn ( January 31, 200), the Plaintiff entered the Republic of Korea as a foreigner with the nationality of Bangladesh for visa exemption (B-1), and stayed in the Republic of Korea on October 31, 1999, and applied for refugee status to the Defendant on October 1, 2015.

B. On October 15, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s father’s assertion was active as a BNP party member from around 1994, and as a result, the Plaintiff was kidnapped by Amimig party members.

Plaintiff

When the father decided the election campaign to be held in 2000, he was the opposite party, on June 10, 199, the plaintiff and the mother died on the part of the plaintiff's mother.

Since then, the threat of murder was serious, and the plaintiff was born to Korea, and the father of the plaintiff died as a bomb attack of Abane members around January 200.

After that, I would like to kill the plaintiff's relative if I would find the plaintiff's relative.

Therefore, the plaintiff is a refugee based on political opinion, religion, and status as a member of a specific social group.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” is a well-founded fear that there is a sufficient basis to recognize that a person may be injured for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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