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(영문) 서울행정법원 2015.06.26 2015구단3464
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 February 15, 2012, the Plaintiff entered the Republic of Korea with a short-term visit (C-3 and the expiration date of the period of stay: May 15, 2012), and filed an application for refugee status with the Defendant on May 8, 2012.

B. On February 18, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be prejudicial to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On March 31, 2014, the Plaintiff filed an objection with the Minister of Justice on March 31, 2014, but the said objection was dismissed on December 16, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The plaintiff's assertion is Slimlima. The plaintiff is a Islamic person.

Islamic believers on the identity of the U. S. S. S. S. died, and the plaintiff escaped, while accompanying the plaintiff and U. S. B, who participated in the veterinary religious event on February 7, 2011.

In addition, Islamic believerss in the U. S. S. on their identity suffered a total amount of buckbucks where the third villages in the plaintiff's house were located in the bucks by neglecting the plaintiff's house on August 11, 2011.

In the event that the plaintiff returns to Pakistan, there is a well-founded fear that there is a well-founded fear from Islamic believerss in the Asia.

Therefore, the instant disposition is unlawful on a different premise.

나. 관계 법령 ▣ 구 출입국관리법(2012. 2. 10. 법률 제11298호로 개정되기 전의 것) 제2조 (정의) 이 법에서 사용하는 용어의 정의는 다음과 같다.

3. The term "refugee" means Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the "Refugee Convention") or the status of a refugee;

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