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(영문) 서울행정법원 2016.11.11 2016구단24611
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The Defendant’s defense that the instant lawsuit is unlawful as 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 on which he/she received the notification. A person who has filed an objection shall file a litigation for cancellation within 90 days from the date on which he/she received a notice of rejection of the objection. In full view of the purport of the whole pleadings in the statement in subparagraph 1, the defendant issued a disposition of rejection of refugee status against the plaintiff on April 28, 2015, and the plaintiff filed an objection against the decision of rejection of refugee status on June 21, 2016, and received a notice of rejection of the decision of rejection of refugee status on June 21, 2016. Since it is apparent that the lawsuit of this case was filed on September 22, 2016 after the period of the lawsuit of this case expires.

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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