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(영문) 서울행정법원 2018.09.04 2018구단66312
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 July 9, 2016, the Plaintiff entered the Republic of Korea with tourism Tong (B-2) status on July 9, 2016, and applied for refugee status to the Defendant on July 18, 2016.

B. On April 26, 2017, the Defendant rendered a decision on refugee status refusal (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear of persecution,” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. The Plaintiff dissatisfied with the instant disposition and filed an objection with the Minister of Justice on May 10, 2017, but the Minister of Justice dismissed the Plaintiff’s objection on March 21, 2018.

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

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is B B B, and Egypt has a extreme discrimination against Islamic groups of Islamicism against B, and the plaintiff also has been subject to many discrimination and threat from the enemy, such as supporting B, around 197, on the 1997, on the grounds that B, he/she was not selected on the ground that B, but the government actively participates in it beyond the above level of avoiding discrimination and terrorism.

In the event that the plaintiff returned to his country of nationality, the disposition of this case, which did not recognize the plaintiff as a refugee, is unlawful even though it is likely to be harmed for religious reasons as above.

B. In full view of the provisions of Article 2 subparag. 1 of the Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, the protection of nationality countries due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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