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(영문) 서울행정법원 2018.05.30 2018구단53699
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 22, 2016, the Plaintiff filed an application for refugee status with the Defendant on February 22, 2016, while entering the Republic of India for a short-term visit visa (C-3) and staying there.

B. On August 5, 2016, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that the Plaintiff’s assertion would be subject to persecution as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) 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 August 31, 2016, but the Minister of Justice dismissed the Plaintiff’s objection on December 7, 2017.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2 and 4, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion was that the Plaintiff resided in India’s diving and Kashmir and took a farming house at a place adjacent to 5km away from India’s passage. However, on March 13, 2015, four persons, who held the total amount of money on March 13, 2015, asked the Plaintiff about the way that the Plaintiff would diving.

Since then, the plaintiff was immediately aware of this fact to the Indian soldiers, and 2 of the leader was killed by the soldiers dispatched.

After that, on August 18, 2015, the Plaintiff was threatened with murdered injuries.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee when the Plaintiff returned to India was highly likely to suffer from gambling is unlawful.

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, race, religion, nationality, and specific.

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