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(영문) 광주지방법원 2019.02.14 2018구단1698
난민불인정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. On February 5, 2014, the Plaintiff, a foreigner of the nationality of the Egypt Republic of Egypt (hereinafter “Egypt”), entered the Republic of Egypt (B-2, and the period of stay 30 days) into the Republic of Egypt (hereinafter “Egypt”) and applied for refugee status to the Defendant on May 24, 2017.

B. On October 27, 2017, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution, which is 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. The Plaintiff appealed and filed an objection with the Minister of Justice on October 27, 2017, but the application was dismissed, and the notification of dismissal decision was served on the Plaintiff on March 26, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, Eul Nos. 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion that he did not belong to the hydropath, and around January 2014, the act of participation in the B demonstration was found in the plaintiff's house and used the plaintiff to inquire about whether he participated in the demonstration to his family, and the police misleads the plaintiff as a member of the C organization, and is likely to be arrested by the police. Thus, there is sufficient concern that the plaintiff will be imprisoned when he returned to the Egypt, and the disposition of this case which did not recognize it on a different premise is unlawful.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(Article 20(1) of the Administrative Litigation Act. In this case, the plaintiff filed an objection which constitutes an administrative appeal against the disposition of this case, and then dismissed the objection.

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