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(영문) 서울행정법원 2017.04.13 2017구단4058
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of the disposition;

A. On July 15, 2016, the Plaintiff, a foreigner of Egypt nationality, entered the Republic of Korea as the status of stay for tourism and Tong (B-2) on July 15, 2016 and stayed, and applied for refugee status to the Defendant on July 29, 2016.

B. On August 18, 2016, the Defendant rendered a decision to recognize refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees, and Article 1 of the Protocol on the Status of Refugees, and received a notice of decision to recognize refugee status on August 26, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, 3, the purport of the whole pleadings

2. The defendant, which judged on the previous defense of the merits, deems the lawsuit of this case unlawful as it had been filed after the lapse of the period for filing the lawsuit.

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 non-recognition of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives such notification, and a person who has filed an objection shall file a lawsuit for cancellation within 90 days from the date he/she

The instant lawsuit is unlawful due to the lapse of the period for filing a lawsuit, since it is apparent that the instant lawsuit was filed on January 31, 2017 after the lapse of 90 days from August 26, 2016, when the Plaintiff received a notice of decision on refugee non-recognition.

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

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