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(영문) 서울행정법원 2016.06.10 2016구단141
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 September 16, 2009, the Plaintiff, a national of the Republic of Pakistan (hereinafter referred to as “Pakistan”), entered the Republic of Korea as a foreigner of the Republic of Pakistan (hereinafter referred to as “Pakistan”), and stayed with the permission for extension of the period of sojourn upon obtaining the permission for extension of the period of sojourn. On July 10, 2014, prior to the expiration of the period of sojourn ( July 16, 2014), the Plaintiff filed an application for refugee status with the Defendant.

B. On June 23, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that would be detrimental to a person’s status” as a refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

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

2. Whether the instant disposition is lawful

A. At the time of the residence of the Pakistan, the Plaintiff, a Simpis Forest, was suffering from Rash-A-Equipment (Llaskar-e-Jangvi) that was set up as an armed organization separated from the Simpistan, a Simpisia, a Simpisian entity, at the time of the residence of the Pakistan, with the aim of constructing a Simpis State.

In around 2009, the Plaintiff completed the Do at Ampha, and was involved in the Ampha in the Ampha event, and the members of the above armed organization did not use spackers, and committed collective assault against the Plaintiff and the Amphas.

In addition, 4 members of the above armed organization committed violence and violence against the plaintiff's vegetable and vegetables by 50,000 if the plaintiff's vegetables were not attached to the plaintiff's vegetables who were vegetables of January 5, 2014. When the plaintiff returned to Korea, the plaintiff's vegetables were threatened with the plaintiff's vegetables.

On March 2014, the Plaintiff’s birth was sent back to Saudi Arabia.

Therefore, when the plaintiff returned to Korea, he/she is a refugee who is likely to suffer violence, intimidation, or pain on the ground of his/her member status as a religion and a specific social group.

Nevertheless, the Defendant.

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