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(영문) 대구지방법원 2019.09.20 2019구단1451
난민불인정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On November 7, 2017, the Plaintiff entered the Republic of Korea as a foreigner of Egypt nationality in the capacity of tourism and passage (B-2), and filed an application for refugee recognition with the Defendant on December 4, 2017, stating that “The Plaintiff is threatened with murder on the ground that he/she was asked by the State to transport explosives from those presumed to be terrorism, and that he/she refused this request.”

B. On January 12, 2018, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently based fear that she will be injured” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on February 19, 2018, but the said objection was dismissed on September 3, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 4 (including provisional number), the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful, since it was filed after the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of rejection decision

The Plaintiff filed an objection with the Minister of Justice on February 19, 2018, which was within 30 days from the date of receipt of the notice of non-recognition of refugee status on January 24, 2018. However, on September 3, 2018, the Plaintiff’s notice of dismissal of the objection was dismissed, and the Plaintiff received on September 10, 2018, the dispute between the parties is nonexistent, and it is apparent that the Plaintiff filed the instant lawsuit on June 17, 2019, when 90 days have elapsed from the date of filing the lawsuit. Accordingly, the instant lawsuit was filed after the lapse of the period of filing the lawsuit.

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