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(영문) 서울행정법원 2017.07.20 2017구단17351
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 2, 2016, the Plaintiff entered the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”) as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Pakic Republic”), and applied for refugee status to the Defendant on August 8, 2016.

On September 28, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear that it would be prejudicial to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as “Refugee Protocol”).

The Plaintiff received a notice of decision on non-recognition of refugee status on October 7, 2016 and filed an objection with the Minister of Justice on October 31, 2016, but was dismissed on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The gist of the Plaintiff’s assertion was that the Plaintiff was the squerelafin among the squefinites of Pakistan. Based on flusium, the Plaintiff was frequently replaced by bquerel non-squerelafins around 201.

After that, there have been several intimidation from the students of the Ethio-Redives religion school, and there have been violence.

In the event that the plaintiff returned to his home country, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful.

B. In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who, owing to well-founded fear of being harmed by reasons of race, religion, nationality, membership of a particular social group or political opinion, are not entitled to protection of the country of nationality or do not want protection of the country of nationality, or due to such fear.

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