1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On July 25, 2016, the Plaintiff entered the Republic of Pakistan as a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), and filed an application for refugee recognition with the Defendant on October 21, 2016 on the ground that “A party’s sponsor was subjected to persecution from the supporter in its home country” as the applicant for refugee recognition.

B. On March 21, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on April 20, 2017, but the said objection was dismissed on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence Nos. 1, Eul evidence Nos. 1, 2, 4, and 5, 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 same year within 30 days from the date the Plaintiff received a notice of non-recognition of refugee status on March 31, 2017

4. Although the Plaintiff filed an objection with the Minister of Justice on October 11 of the same year, the fact that the foregoing objection was dismissed and the Plaintiff received a notice of dismissal decision on the objection on October 20 of the same year does not conflict between the parties, and is apparent in the record that the Plaintiff filed the instant lawsuit on January 23, 2018 after the lapse of 90 days from the Plaintiff. As such, the instant lawsuit is unlawful since it was filed after the lapse of the period for filing the lawsuit.

3. Conclusion