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(영문) 서울행정법원 2016.09.02 2016구단16542
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The defendant asserts that the lawsuit of this case is unlawful because it was filed after the lapse of the period for filing the lawsuit.

According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date of receipt of the notification, and a person who has filed an objection shall file a suit for cancellation within 90 days from the date of receipt of the notification of the decision of rejection of the objection. According to the written evidence No. 3, No. 4, and No. 3, the defendant issued a disposition of rejection of refugee status against the plaintiff on October 14, 2015, the defendant filed an objection against the decision of rejection of refugee status with the Minister of Justice on March 29, 2016, and the fact that the plaintiff received the notification of rejection of the decision of rejection of refugee status on March 29, 2016. Since it is apparent that the instant lawsuit was filed on June 29, 2016.

Therefore, this case's lawsuit is illegal as a lawsuit filed with the lapse of the filing period, and it is so decided as per Disposition.

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