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(영문) 서울행정법원 2015.02.06 2014구합17708
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On August 9, 2005, the Plaintiff, an alien of the nationality of the Islamic Republic of Pakistan (hereinafter referred to as "Pakic Republic of Pakistan"), was staying in the Republic of Pakistan for the first time in the capacity of non-professional employment (E-9) and repeated entry and departure. On October 24, 201, the Plaintiff filed an application for refugee status with the Defendant on October 24, 201, when the period of stay expires ( October 10, 201).

The defendant, on November 1, 2013, promulgated with sufficient grounds for persecution (the Immigration Control Act (amended by Act No. 11298, Feb. 10, 2012; hereinafter the same shall apply)

) On the ground that Article 2 Subparag. 3 of the Convention on the Status of Refugees, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees cannot be deemed to exist (hereinafter “instant disposition”), a disposition for non-recognition of refugee status (hereinafter “instant disposition”).

The Plaintiff filed an objection with the Minister of Justice on January 20, 2014, but was dismissed on September 26, 2014.

[Grounds for recognition] The Plaintiff visited Pakistan on June 10, 201 while staying in the Republic of Korea. The Plaintiff asserted the legitimacy of the disposition of the instant case as a whole, and the entire purport of the pleadings, as stated in the evidence Nos. 1, 2, 3, and Nos. 1 and 2.

The Plaintiff and the Plaintiff’s private village visited the farm owned by the Plaintiff’s father, and B (B; hereinafter “B”) at the time began to claim the ownership of the Plaintiff’s Dac and the said farm against the Plaintiff’s first executive.

B은 당시 원고의 사촌을 향해 총을 쏴 원고의 사촌이 다리에 총상을 입었다.

Plaintiff

Although the police reported the above case to the police, the whereabouts of B is unknown, and there is no investigation.

B still calls to the father of the Plaintiff and threatens the Plaintiff. In this situation, in the event that the Plaintiff returns to Korea with Pakistan, it may be seriously threatened to life and body.

The instant disposition that did not recognize the Plaintiff as a refugee is unlawful.

It shall be as shown in the attached Form of the relevant statutes.

Provided, That the term "refugee" under Article 2 (3) of the Immigration Control Act shall be "refugees".

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