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(영문) 광주지방법원 2018.08.16 2017구단2410
난민불인정처분취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Details of disposition;

A. On July 4, 2011, the Plaintiff, who is a foreigner of the People’s Republic of Bangladesh (hereinafter referred to as the “Logle”) nationality, entered the Republic of Bangladesh into the Republic of Bangladesh for non-professional employment (E-9) sojourn and applied for refugee status to the Defendant on March 11, 2016.

B. On June 28, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that is a requirement for refugee status under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On June 29, 2016, the Plaintiff filed an objection with the Minister of Justice on June 29, 2016. However, on July 18, 2017, the application was dismissed, and the notification of dismissal decision was served on the Plaintiff on July 25, 2017.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Eul 1 through 3, the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. The plaintiff's assertion is the support of the B party in Bangladesh, and the current Government of Bangladesh is threatening the plaintiff and his family members to exercise violence and kill the plaintiff and his family members because the plaintiff support the party other than the party. Thus, there is sufficient concern that the plaintiff will face imminent fear in case of returning to Pakistan and it is a reasonable fear, but the disposition of this case which did not recognize it on a different premise is unlawful.

(b) A litigation seeking revocation shall be instituted within 90 days from the date on which the disposition, etc. is known, and where the appeal has been made, the original copy of the written adjudication shall be filed within 90 days from the date of receiving

(Article 20(1) of the Administrative Litigation Act. The fact that the Plaintiff received on July 25, 2017, after raising an objection falling under an administrative appeal due to an objection against the instant disposition, the fact that the Plaintiff received a notice of decision on dismissal of the objection. The instant lawsuit was 90 days after the said lawsuit was filed.

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