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(영문) 서울행정법원 2017.03.30 2016구단34397
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The defendant asserts that the lawsuit of this case is unlawful as a lawsuit filed after the lapse of the period for filing the lawsuit of this case.

Pursuant to Article 20(1) of the Administrative Litigation Act, Article 20(1) of the Act, and Article 21(1) and (2) of the Refugee Act, a person who has received a decision to deny refugee status may file an objection with the Minister of Justice within 30 days from the date of receipt of the notification. A person who has filed an objection shall file a revocation lawsuit within 90 days from the date of receipt of the notification of the decision to dismiss the objection, and a person who has not filed an objection shall file a revocation lawsuit within 90 days from the date of receipt of the notification of the decision to dismiss refugee status. According to the overall purport of the statements and arguments in subparagraph 2, subparagraph 3, and subparagraph 3, the Plaintiff received the notification of refugee status non-recognition as stated in the purport of the purport of the claim, and it is evident that the Plaintiff filed the instant lawsuit on August 16, 2016.

Therefore, the instant lawsuit is unlawful as it was filed after the lapse of the filing period.

2. Conclusion

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