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(영문) 서울행정법원 2015.09.04 2015구단7077
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 December 23, 2011, the Plaintiff entered the Republic of Korea with the status of visa exemption (B-1) status on December 23, 201, and applied for refugee recognition to the Defendant on February 28, 2012.

B. On May 1, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be prejudicial to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On May 26, 2014, the Plaintiff filed an objection with the Minister of Justice on May 26, 2014, but the said objection was dismissed on April 2, 2015.

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

2. Whether the disposition is lawful;

A. The plaintiff's assertion is a parasian believers who was born in the natives of the Montreal (Monvia) as a part of the Grebo's origin. The plaintiff's assertion is a parasian baby born in the natives.

From around 2007 to 2008, the Plaintiff came to enter into a matrimonial engagement with male and female who believe Mussa and Muslim. From October 201, the Plaintiff entered into a matrimonial engagement with his father, who is a member of Galman’s father, is different from his father, and opposed to the marriage with a matrimonial engagement who believed other religions. However, the Plaintiff was married with his father at the risk of opposing his father on December 9, 201.

Accordingly, the plaintiff and the plaintiff's husband were threatened to cancel marriage from their father and to die the plaintiff's husband.

Therefore, in the event that the Plaintiff returned to Liberia, the instant disposition taken on a different premise is unlawful, even though the Plaintiff’s father’s risk of persecution exists on the same ground.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는...

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