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(영문) 부산지방법원 2017.03.03 2016구합4547
난민불인정처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

(a) Plaintiff’s entry into the Republic of Korea and refugee application - Nationality: the Islamic Republic of Pakistan (hereinafter “Skistan”): - Entry into the Republic of Pakistan and refugee application: February 23, 201 (Status of Sojourn: Manufacturing (E9-1)) / Application for refugee recognition on December 18, 2015

B. On January 6, 2016, the Defendant’s decision not to recognize refugee status (hereinafter “instant disposition”): A ground cannot be recognized as having a sufficiently-founded fear that the applicant would suffer from persecution.

(c) Plaintiff’s objection - Formal objection to the Minister of Justice on March 29, 2016 - The fact that there is no dispute over the dismissal decision on October 27, 2016 (based on recognition), Gap’s 1, 2, and 3, Eul’s 1 and 2 (including each number), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was present at a meeting of the Simpatha from around 2006 to 2007, and that he was present at the above meeting, and the Plaintiff’s father was threatened with intimidation from the neighboring neighbors, or that he was punished for the dispute with the Nrpatha. In particular, around February 2006, the Plaintiff was urged by his mother that he would kill the Plaintiff when he returned to the house.

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 would be affected by gambling when the plaintiff returned to Pakistan is high.

(b) as shown in the attached Form of the relevant statutes.

C. In light of the following circumstances, comprehensively taking account of the evidence and the overall purport of the statements and arguments stated in the above-mentioned evidence and evidence Nos. 3 and 4, the Plaintiff may be deemed to have “a well-founded fear of persecution for reasons of race, religion, nationality, membership of a specific social group, or political opinion” even if all of the evidence and circumstances presented by the Plaintiff were considered.

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