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(영문) 서울행정법원 2016.12.09 2016구단52012
강제퇴거명령 및 보호명령취소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, a national of the Republic of Canada (hereinafter “C-3”), entered the Republic of Korea on October 6, 2014 with a short-term visit (C-3) sojourn on a short-term basis, applied for refugee status on October 24, 2014, and is currently staying in the Republic of Korea after obtaining permission to change his/her status of stay on October 29, 2014.

B. On October 28, 2015, the Defendant rendered a decision to recognize refugee status to the Plaintiff. Accordingly, the Plaintiff filed an objection with the Minister of Justice on November 17, 2015, but was dismissed on March 24, 2016, the Defendant filed an administrative litigation seeking cancellation of the decision to deny refugee status (2016Gudan57710) with this court on June 29, 2016.

C. Meanwhile, on December 11, 2015, the Defendant issued a deportation order to the Plaintiff pursuant to Articles 46(1)1 and 3, 7(1), and 11(1)3 and 4 of the Immigration Control Act (hereinafter “instant deportation order”), and on the same day, issued a deportation order to the Plaintiff (hereinafter “instant deportation order”) pursuant to Articles 51 and 63 of the Immigration Control Act, on the same day, on the grounds that the entry and departure examiner of the Republic of Naria (hereinafter “Naria”) was forged as a result of identification at the Incheon Airport Immigration Office.

(hereinafter “instant protection order”). D.

On December 14, 2015, the Plaintiff filed an objection against the instant deportation order with the Minister of Justice, but was dismissed on January 5, 2016.

[Ground of recognition] Facts without dispute, Gap 2, 3, 6 evidence, Eul 1, 2, 4 through 7, and the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The instant deportation order is unlawful and based on it, for the following reasons, for the Plaintiff’s assertion, and thus, the instant deportation order and the instant protection order should be revoked in entirety.

1 The plaintiff shall make a visa from a third party in order to escape from the danger in Kamera.

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