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(영문) 서울행정법원 2017.01.23 2016구단63371
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On January 18, 2015, the Plaintiff filed an application for refugee status with the Defendant on February 4, 2015, while entering the Republic of Canada for a short-term visit visa (C-3 and 30 days of stay) and staying there.

On November 11, 2015, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion 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.

The Plaintiff filed an objection with the Minister of Justice on December 16, 2015, but the said objection was dismissed on September 9, 2015.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition as indicated in Gap’s 1 through 4, Eul’s 1, and 2, had the record of being arrested to the police while distributing SCNC publicity leaflets on the road around August 201, 201.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in case the plaintiff returned to Kamera.

Judgment

In light of the following circumstances, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff in full view of the entries in Gap evidence 5-1, 2, Gap evidence 6, Eul evidence 3, and Eul evidence 4, and the purport of the whole pleadings. The defendant's disposition of this case is legitimate on the grounds that there is no other evidence to acknowledge it.

In addition to the position naturally acquired after a certain period of time, the Plaintiff did not have a special position in the SCNC and did not have led to the activities, and only he was arrested while distributing the promotional leaflets on the street.

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