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(영문) 서울행정법원 2015.09.03 2015구합54469
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. The Plaintiff is a foreigner of the nationality of the Republic of Liberia (hereinafter “Liberia”) who was born in the Republic of Liberia, and C.

On August 6, 2013, the Plaintiff applied for refugee status to the Defendant.

B. On January 24, 2014, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

(hereinafter “instant disposition”). C.

On April 30, 2014, the Plaintiff filed an objection with the Minister of Justice on April 30, 2014, but the said objection was dismissed on September 30, 2014.

[Reasons for Recognition] Facts without dispute, entry B in the evidence of subparagraphs 1 through 5, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s mother, who was 17 years old, lost all of the families due to 17 years old, and was paid at a street. The Plaintiff’s mother, who was 17 years old, was able to leave, was living in his house and going to school.

Since 2010, D introduced the Plaintiff’s mother to be 50 to 60, and forced to marry. The Plaintiff’s mother refused this, but was raped from E.

Accordingly, the Plaintiff’s mother was placed in custody of the Plaintiff’s mother, and the Plaintiff’s mother was raped from time to time.

In December 2011, the Plaintiff’s mother escaped from his place and went back to her mother upon the request of her mother. During the period of Ghana, D and E’s intimidation continued.

Therefore, if the Plaintiff’s mother returns to Liberia, it is likely to be stuffed for the foregoing reasons, and the same applies to the Plaintiff subject to protection of the Plaintiff’s mother. Therefore, the instant case took place on a different premise.

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