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(영문) 대구지방법원 2019.07.19 2019구단663
난민불인정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea as a short-term visit (C-3) on June 9, 2016, and filed an application for refugee status with the Defendant on September 19, 2016, stating that “The Plaintiff was subject to violence and intimidation from Muslim on the ground that he/she had attached the church promotional materials in his/her country of origin before the collection of Muslim in his/her country of origin”.

B. On November 1, 2017, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on November 30, 2017, but the said objection was dismissed on September 3, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 4 (including provisional number), the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful, since it was filed after the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of rejection decision

On November 21, 2017, the Plaintiff filed an objection with the Minister of Justice on November 30, 2017, which was within 30 days from the date of receipt of the notice of non-recognition of refugee status. However, on September 3, 2018, the Plaintiff’s notice of dismissal of the objection was dismissed, and the Plaintiff received on December 3, 2018, without dispute between the parties, and it is apparent that the Plaintiff filed the instant lawsuit on March 11, 2019 after the lapse of 90 days from the Plaintiff’s filing date of the lawsuit, and thus, the instant lawsuit was filed after the lapse of the period of filing the lawsuit.

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