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(영문) 서울행정법원 2016.07.07 2016구단8572
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

The Plaintiff entered the Republic of Korea on January 8, 2012 as a foreigner with the nationality of the Islamic Republic of Pakistan (hereinafter referred to as "Pakic Republic").

On September 10, 2013, the Plaintiff applied for refugee status to the Defendant on September 10, 2013, but withdrawn ex officio due to his/her unknown whereabouts, and applied again for refugee status to the Defendant on October 14, 2015.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.

The Plaintiff filed an objection with the Minister of Justice on November 18, 2015, but the said objection was dismissed on March 23, 2016.

【The Plaintiff’s assertion as to the lawfulness of the instant disposition indicated in Gap’s 1-3 evidence, Eul’s 1-2 evidence, and Eul’s 1-2 is the supports of the NP political party, and the opposing party members threaten the Plaintiff.

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 the case that the plaintiff returned to Pakistan.

Judgment

In addition to the above-mentioned facts, it is insufficient to view that there is a well-founded fear of persecution to the plaintiff in full view of the following circumstances, which can be seen when adding the contents of Gap evidence Nos. 4 through 7, Eul evidence No. 3 and 4 and the purport of the whole pleadings. The defendant's disposition of this case is legitimate since there is no evidence to acknowledge it otherwise

The plaintiff is merely a simple supporting person of the UNP political party, and there is no fact that there was no political activity that the government or other political party members are able to pay attention within the Pakistan.

Therefore, the possibility that the plaintiff is likely to be stuffed for political reasons in the Pakistan is very rare.

The plaintiff is from the members of the QM political party.

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