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(영문) 인천지방법원 2020.07.07 2020구단685
난민불인정처분취소
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. Plaintiff’s entry into the Republic of Korea and refugee status - B: B: Birth: The Plaintiff was born in the Republic of Korea on the date C, and the status of stay F-3 (Dong Ban) from November 28, 2014 to November 30, 2016, and the Plaintiff was granted the status of stay as a dependent (F-3) on November 28, 2014, as a domestic child of Attachment D (D, E) who entered the Republic of Korea and stayed in the Republic of Korea on March 30, 2007, and was granted the status of stay as a dependent (F-3) on November 28, 2014. On August 2016, 2016, the Plaintiff’s son was subject to a judgment of detention due to the suspicion of violation of the Immigration Control Act, etc., the Defendant was subject to a disposition of refusing to apply for the extension of the period of stay from the Defendant on January 5, 2017.

Plaintiff

Reference was enforced on April 26, 2017.

- Application for refugee status: January 16, 2017

Defendant’s decision to recognize refugee status as of June 25, 2019 (hereinafter “instant disposition”): The ground does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

C. Plaintiff’s filing of objection - The Minister of Justice’s filing of objection on August 13, 2019 – the dismissal decision on December 23, 2019 [Grounds for recognition] Gap’s 1, 2, Eul’s 1 through 3, and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The plaintiff's assertion is desired that the plaintiff can live in the Republic of Korea because he was born in the Republic of Korea, his family is living in the Republic of Korea for more than 10 years, and due to various diseases of nationality Ghana, children may live in the Republic of Korea.

The plaintiff is likely to be threatened by the threat of the plaintiff's referral as follows, so it is highly likely that the plaintiff might be injured if he/she go to Ghana, and this constitutes a reasonable fear.

Therefore, the instant disposition is unlawful.

① Around June 2015, the Plaintiff’s penalty system, who was residing in AB, was threatened with a threat and an assault by the F and the six daily allowances to find out the whereabouts of the Plaintiff’s penalty system and his/her family members.

(2) The plaintiff's reference shall be the Republic of Korea or the Republic of Korea around 2014.

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