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(영문) 서울행정법원 2017.09.28 2017구단26577
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff was born in Korea on June 15, 2016 in the Republic of Kenya (hereinafter referred to as “Kenya”) as a foreigner of the nationality of the Republic of Kenya (hereinafter referred to as “Kenya”).

On August 18, 2016, the Plaintiff filed an application for refugee status with the Defendant. On October 6, 2016, the Defendant rendered a disposition for refugee status acceptance (hereinafter referred to as “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that is likely to suffer persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee Protocol”).

The Plaintiff received a notice of decision on non-recognition of refugee status on October 7, 2016 and raised an objection to the Minister of Justice on November 7, 2016, but was dismissed on April 21, 2017.

On June 20, 2017, the Plaintiff received a notice of decision to dismiss an objection.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, 5, and 6, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion asserts that the status of refugee should be recognized on the grounds of family-combined principle depending on the Plaintiff’s mother who applied for refugee status as a Korean child.

B. Examining the aforementioned evidence and the statements in the evidence Nos. 3, 4, and 7 as well as the overall purport of the pleading, the following facts may be acknowledged:

The Plaintiff’s mother-friendly B applied for refugee status on July 16, 2015 on the ground that “A man of a rural village has given birth of sexual assault to a male, and a man of a neighboring village has become a member of an organization for illegal terrorism since six years, and requested that the male be married and returned a baby, and that he was subject to death compromise from the male upon refusal of the request.” However, the Defendant applied for refugee status on October 6, 2016.

The plaintiff.

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