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(영문) 인천지방법원 2016.03.17 2015구합53095
보호명령 취소
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 27, 2013, the Plaintiff, a foreigner of the Islamic Republic of Pakistan (hereinafter “Pakic Republic”), entered the Republic of Korea using a falsified passport under the name of Saudi Arabia, and subsequently intended to depart from New Zealand on January 18, 2014, was discovered by the Defendant.

B. On January 18, 2014, the Defendant issued an emergency protection order (from January 18, 2014 to January 17, 2014) to the Plaintiff on the ground that the Plaintiff’s use of the falsified passport, under Article 51(3) of the Immigration Control Act, the Plaintiff was in need of emergency protection (from January 18, 2014 to January 17, 2014). On the same day, the Defendant issued an order for protection (from January 18, 2014 to January 27, 2014 to the Incheon Airport Immigration Office’s detention period) to the Plaintiff on the ground that there is considerable reason to suspect that the Plaintiff is subject to deportation under Article 51(1) of the Immigration Control Act.

C. On January 20, 2014, the Defendant investigated and examined whether the Plaintiff is a person subject to deportation, and issued a deportation order (hereinafter “instant deportation order”) to the Plaintiff under Articles 7(1), 28(1), 46(1)1, and 11 of the Immigration Control Act, and Article 63 of the Immigration Control Act (hereinafter “instant detention order”) (from January 18, 2014 to April 17, 2014; hereinafter “instant detention order”), and thereafter, the Plaintiff transferred the instant detention order to the Republic of Korea and is under confinement until now.

On January 23, 2014, the Plaintiff filed an application for refugee status with the head of the foreign internment camp (hereinafter “first refugee status application”). However, on April 25, 2014, the head of the foreign internment camp rendered a decision to deny the Plaintiff’s above refugee status application. E, the Plaintiff filed a lawsuit seeking revocation of refugee status refusal as of July 16, 2014 with the Suwon District Court Decision 2014Guhap56230, supra, on January 22, 2015.

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