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(영문) 서울행정법원 2016.11.24 2016구단61139
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 September 15, 2015, the Plaintiff applied for refugee status recognition to the Defendant on September 23, 2015, while entering the Republic of Ghana (C-3 and 30 days of stay) for a short-term visit visa (C-3 and 30 days of stay) on September 15, 2015.

On December 28, 2015, the Defendant rendered a disposition of non-approval of 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 January 27, 2016, but the said objection was dismissed on the same ground as June 30, 2016.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition stated in Gap’s Evidence Nos. 1 through 4, Eul’s Evidence Nos. 1 and 2, and the Plaintiff’s family members are persecutioning to the Plaintiff, including the Plaintiff’s father’s threat and saf.

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

In light of the following circumstances, it is insufficient to view that there is a well-founded fear of persecution to the Plaintiff, taking into account the following circumstances, which can be seen when adding the respective descriptions of evidence Nos. 5-1, 2, 3, and 4-1, 5-2, and the purport of the entire pleadings, the Defendant’s disposition of this case is lawful as there is no other evidence to acknowledge

The reason for the application for refugee status asserted by the Plaintiff is not merely a religious conflict between families, but rather a religious conflict between families, and it is difficult to view such assertion as a ground for recognition of refugee status under the Refugee Act.

Even if this is considered as a ground for recognition of refugee, Ghana is the whole of the elderly.

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