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(영문) 서울행정법원 2017.10.26 2017구단28016
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 March 27, 2016, the Plaintiff filed an application for refugee status with the Defendant on April 8, 2016, while entering the Republic of Pakistan (hereinafter referred to as “Sskistan”) and staying in the Republic of Korea as a foreigner of the Islamic Republic of Pakistan (hereinafter referred to as “Skistan”).

B. On July 22, 2016, the Defendant rendered a disposition not recognizing the Plaintiff as a refugee (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in the Refugee Act and the Convention on the Status of Refugees.

C. On August 8, 2016, the Plaintiff filed an objection with the Minister of Justice on August 8, 2016, but rendered a final decision to dismiss the Plaintiff’s application on April 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 3, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion was that the Plaintiff was a member of the NP (Awamy, Abamy, Abamian nationalism) in Pakistan, but there was only the enemy who was deprived of the NP on or around August 2008 on the ground that the Plaintiff supported the NP party, and was arrested in around August 2013 and was forced to pay money to the Plaintiff’s additional Lebs.

The Defendant’s disposition that did not recognize the Plaintiff as a refugee is unlawful even though there is a high possibility that the Plaintiff might be stuffed from the Lestan when the Plaintiff returned to Pakistan.

B. In full view of the following circumstances revealed by adding up the above facts of recognition and the purport of the evidence No. 4 and the entire pleadings, it is insufficient to deem that the Plaintiff has a sufficiently-founded fear of persecution, and there is no other evidence to prove otherwise.

The defendant's disposition of this case is legitimate.

1 The Plaintiff was threatened by the Leskistan

Even if it is done by illegal organizations, it is implied by the pakistan government.

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