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(영문) 서울행정법원 2018.12.14 2018구단69830
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. On September 20, 2016, the Plaintiff filed an application with the Defendant for refugee status with the nationality of Kazakhstan.

B. On July 18, 2017, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed to have “a well-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. On July 19, 2017, the Plaintiff filed an objection with the Minister of Justice on July 19, 2017, but the said objection was dismissed on March 21, 2018.

[Grounds for recognition] The descriptions of Gap evidence 1, 2, Eul evidence 1 and 2 and 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 as a lawsuit filed after the lapse of the filing period.

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

However, according to the evidence evidence Nos. 2 and 4, it is acknowledged that the Plaintiff received a notice of dismissal decision on the objection on March 27, 2018, and it is apparent in the record that the instant lawsuit was filed on June 28, 2018 after the lapse of 90 days from that date. Thus, the instant lawsuit is unlawful as it was filed even with the lapse of the filing period.

Therefore, the defendant's main defense is justified.

3. Thus, the lawsuit of this case is dismissed as unlawful.

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