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(영문) 서울행정법원 2016.10.13 2016구단21384
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 June 2, 2015, the Plaintiff filed an application for refugee status with the Defendant on June 8, 2015, while entering the Republic of Ghana for a short-term visit visa (C-3 and 7 days of stay) on June 2, 2015.

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.

On December 29, 2015, the Plaintiff filed an objection with the Minister of Justice on December 29, 2015, but the said objection was dismissed on May 25, 2016.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition indicated in Gap’s No. 1 through 3, Eul’s No. 1 and No. 2, was brought to the Islamic Republic of Korea around June 2013, and thereafter, the Plaintiff came to go to the Islamic Republic of Korea from his family members and the surrounding Muslim.

Therefore, the defendant's disposition of this case which 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 Ghana.

Judgment

If the above facts are added to the contents of evidence Nos. 3 and 4 and the purport of the whole pleadings, it is insufficient to view that the plaintiff has a well-founded fear of persecution to the plaintiff, taking into account the following circumstances, and there is no evidence to prove otherwise, the defendant's disposition of this case is legitimate.

The reason alleged by the plaintiff seems to be not just a religious reason but a conflict between families surrounding religion.

Even if this is considered as a religious gambling argument, Ghana's believers reaches 69% of the total population, and the freedom of religion is guaranteed under the Constitution and in substance, and the plaintiff is merely a flag.

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