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(영문) 서울행정법원 2020.01.31 2019구단15243
난민불인정결정취소
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. On December 6, 2016, the Plaintiff entered the Republic of Korea with the nationality of the Republic of Pakistan (Islaistan (hereinafter “Skistan”), and applied for refugee status to the Defendant on December 30, 2016, with the short-term visit (C-3) sojourn status.

B. On April 16, 2018, the Defendant rendered a decision to deny refugee status on the ground that the grounds for applying for recognition of refugee status as alleged by the Plaintiff against the Plaintiff does not constitute “a well-founded fear of persecution” as a requirement for refugee status under Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

(hereinafter “instant disposition”). C.

The Plaintiff filed an objection with the Minister of Justice on April 17, 2018, but the Minister of Justice dismissed the objection on July 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion was threatened by the Leak-in, on the ground that the plaintiff refused to accept the solicitation of the Leak-in in Pakistan.

The plaintiff's 's 's 's 's 's 's 's 's solicitation to join' was rejected, but killed for

If the plaintiff return to the Pakistan, it is dangerous to life because it can be affected by an attack from the lebane.

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee should be revoked in an unlawful manner.

B. Determination 1 of the Refugee Act provides for matters concerning the status, treatment, etc. of refugees in accordance with the Refugee Convention and the Refugee Protocol, etc. However, refugee status may not be protected or need to be protected by the country of nationality due to well-founded fear to recognize that the status, treatment, etc. of refugees may be harmed for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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