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(영문) 서울행정법원 2016.08.25 2016구단14522
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On August 16, 2014, the Plaintiff filed an application for refugee status with the Defendant on January 15, 2015, while entering the Republic of Ghana (hereinafter referred to as “A”) and staying in the Republic of Korea for a short-term visit visa (C-3).

On November 11, 2015, the Defendant rendered a disposition to deny the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on December 11, 2015, but the said objection was dismissed on March 23, 2016.

【Ground of recognition” without any dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition as indicated in Gap’s Evidence Nos. 1 through 4, Eul’s Evidence Nos. 1 and 2 is a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a senior to a society, and the father of the Plaintiff, the president of the local culture of the village, died on December 27, 2007, and village senior to a village senior to a third party,

Therefore, the defendant's disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in case the plaintiff returned to Ghana.

Judgment

If the above facts are added to the purport of the statement Nos. 3 and 4 as well as the whole oral argument, it is insufficient to view that there is a well-founded fear that the Plaintiff might be stuffed, and there is no other evidence to acknowledge it, and the Defendant’s disposition of this case is legitimate. Ghana is not only about 69% of the total population, but also about 15% of traditional religious believers is a traditional religious believers, and thus, it is very rare that the Plaintiff, who is a flag, is likely to be persecutiond from traditional religious believers.

After the death of the father of the plaintiff, the plaintiff himself has resided in Ghana for about six years and has been directly due to the succession of the president from the village center.

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