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(영문) 서울행정법원 2016.11.30 2016구단59808
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On September 21, 2014, the Plaintiff: (a) entered the Republic of Korea as a short-term visit (C-3) sojourn status on September 21, 2014; and (b) applied for refugee status to the Defendant on September 26, 2014, prior to the expiration of the period of stay ( October 26, 2014).

B. On July 22, 2015, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. Although the Plaintiff filed an objection on August 17, 2015, the Minister of Justice decided to dismiss the Plaintiff on December 14, 2015, and the Plaintiff received a notice of decision to dismiss the objection on December 21, 2015.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings

2. The defendant's prior defense on the merits of the case is unlawful as it is deemed that the lawsuit of this case was filed with 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 not to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date on which he/she receives such notification, and a person who has filed an objection shall file a lawsuit for cancellation within 90 days from the date on which he

The instant lawsuit was filed on August 19, 2016 after the lapse of 90 days from December 21, 2015, when the Plaintiff received a notice of dismissal decision on the instant disposition on the objection, and thus, is unlawful, even with the filing period.

The plaintiff is liable for failing to comply with the period of filing the suit in this case, since the plaintiff is only possible to make a Korean and English language and is also a franchisium, and it is difficult to understand the procedures related to recognition of refugee status.

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