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(영문) 서울행정법원 2017.03.30 2016구단33400
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 January 5, 2015, the Plaintiff, an alien of the nationality of the Republic of Egypt (hereinafter “Egypt”), entered the Republic of Korea as a sojourn status of tourism and Tong (B-2) and stayed, and filed an application for refugee status with the Defendant on January 22, 2015.

B. On October 29, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on November 23, 2015, but the objection was dismissed on October 27, 2016, and the Plaintiff received a notice of dismissal decision on November 11, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was arrested and investigated by the police on the grounds of the Plaintiff’s participation in the anti-government demonstration against the Cuba and the desire to return to the former president B several times.

Therefore, the defendant's disposition of this case, which was made on a different premise, is unlawful even though the plaintiff constitutes a refugee suffering from persecution on the ground of political opinion.

B. (1) In full view of the provisions of Article 2 subparag. 2-2 and Article 76-2(1) of the Immigration Control Act, Article 1 of the Convention Relating to the Status of Refugees (hereinafter “Refugee Convention”), and Article 1 of the Protocol Relating to the Status of Refugees, the Minister of Justice shall, upon the request of a foreigner in the Republic of Korea who is unable to obtain the protection of the country of his/her nationality or does not want the protection of the country of his/her nationality due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group or political opinion

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