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(영문) 서울행정법원 2020.10.14 2020구단10367
난민불인정결정취소
Text

The instant lawsuit is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Details of the disposition;

A. On December 14, 2016, the Plaintiff entered the Republic of Korea as a foreigner of Morocco’s nationality (hereinafter “Morocco”), and applied for refugee status to the Defendant on March 8, 2017 (hereinafter “instant application”).

B. On February 13, 2018, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on March 14, 2018, but the Minister of Justice dismissed the objection on November 29, 2018.

On December 31, 2018, the Plaintiff received a notice of decision to dismiss the objection against the instant disposition. On March 29, 2018, the Plaintiff filed an appeal suit seeking the revocation of the instant disposition (hereinafter “previous lawsuit”) with the Seoul Administrative Court 2019Gudan4960 (hereinafter “previous lawsuit”). However, the previous lawsuit was withdrawn on September 24, 2019 as the Plaintiff was absent on two occasions on the date for pleading.

【In the absence of a dispute over the grounds for recognition, the facts which are obvious to this court, Gap evidence 1 through 3, Eul evidence 1 through 4, and the purport of the whole pleadings

2. We examine, ex officio, whether the instant lawsuit is lawful or not, ex officio, as to the determination on the legitimacy of the instant lawsuit.

In full view of Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, when a person selects the method of immediately filing a suit against a disposition of non-recognition of refugee status with knowledge of such disposition, he/she shall file a suit for revocation within 90 days from the date he/she becomes aware of such disposition, and when he/she selects the method of filing a suit, he/she shall file an objection within 30 days from the date he/she is notified of the disposition of non-recognition of refugee status,

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