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(영문) 서울행정법원 2018.05.23 2018구단4048
난민불인정결정취소
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. On July 4, 2016, the Plaintiff filed an application for refugee status with the Defendant on the ground that he/she is a foreigner of the nationality of the Republic of Austria (hereinafter “ASEAN”).

B. On June 13, 2017, 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 July 10, 2017, but the Minister of Justice dismissed the objection on December 7, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is pressured on the ground that it is a minority ethnic origin from the ASEANn government.

In other words, in 195, Syria police arrested the plaintiff and detained him for 7 days on the ground that the plaintiff did not report in advance and attended a meeting with Egynasium.

In addition, around March 2014, the Plaintiff subscribed to “B” (hereinafter “B”) as an organization claiming independence in the region of Nariannam-dong, Bafra, which accounts for most of the population, and participated in three times of meetings. Around May 2014, the Plaintiff was sweet the Plaintiff’s house and the Plaintiff’s house.

This is also by the Syriaian government's Syria.

If the plaintiff returned to ASEAN, he/she is able to be stuffed on the ground that he/she was from Egysian government. Thus, the plaintiff should be recognized as a refugee.

B. “Lambling”, which is a requirement for recognition of refugee status 1, is a serious infringement of or discrimination against essential human dignity, including threats to life, body or freedom.

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