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(영문) 서울행정법원 2016.05.26 2016구단5191
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 30, 2014, the Plaintiff, a foreigner of the nationality of the Republic of Naria (hereinafter “Naria”), entered the Republic of Korea for a short-term visit visa (C-3) and stayed, and filed an application for refugee status with the Defendant on April 3, 2014.

B. On May 26, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution as a refugee under Article 1 of the Refugee Act, Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol Relating to the Status of Refugees.

C. On June 29, 2015, the Plaintiff filed an objection with the Minister of Justice, but the said objection was dismissed on the same ground as on September 24, 2015.

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

2. Determination on the legitimacy of the disposition

A. The Plaintiff asserted that the Plaintiff was born within the Egysian Egysian Egysian Egysian Egysian Egysian Egysian Republic, but his mother was born in the year 2004 and her mother was living together with his family.

Accordingly, although the plaintiff's attached was a Islamic bridge, the leader did not go to the plaintiff while the plaintiff did not respond to it, and around 201, the plaintiff led the plaintiff to the way that the plaintiff returned to the house to the house, thereby making the plaintiff string the bridge.

As such, the instant disposition taken on a different premise is unlawful, even though the Plaintiff was threatened with murder in its country for religious reasons.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” is a well-founded fear that there is a sufficient basis to recognize that a person may be injured for reasons of race, religion, nationality, status as a member of a particular social group or political opinion.

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