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(영문) 서울행정법원 2018.09.14 2018구단15468
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Defendant’s lawsuit on this case’s main defense is unlawful as a lawsuit filed after the lapse of the filing period.

2. Determination

A. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has 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 receives the notification, and a person who has filed an objection shall file a revocation lawsuit within 90 days from the date he/she receives a notice of

B. However, the records of this case revealed that ① the Plaintiff applied for refugee status to the Defendant on January 23, 2017, but, on May 26, 2017, the Plaintiff filed an objection against the decision to recognize refugee status with the Defendant, ② the Plaintiff appealed and filed an objection with the Minister of Justice, but the said objection was dismissed on March 21, 2018, and the Plaintiff received a notice of dismissal of the objection on April 25, 2018, and the Plaintiff was clearly stated in the record that the instant lawsuit was filed on July 26, 2018, and thus, the instant lawsuit was filed with the lapse of the period for filing the lawsuit, and thus, is unlawful.

C. Therefore, the defendant's main defense is justified.

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

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