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(영문) 서울행정법원 2016.06.24 2016구단2963
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 November 1, 2010, the Plaintiff entered the Republic of Korea as a foreigner of the People’s Republic of Bangladesh (hereinafter “the People’s Republic of Bangladesh”)’s nationality, and applied for refugee status to the Defendant on August 24, 2015.

B. On September 1, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having a well-founded fear that he would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter “Refugee Protocol”).

C. On September 14, 2015, the Plaintiff filed an objection with the Minister of Justice on September 14, 2015, but the said objection was dismissed on December 14, 2015.

[Ground of recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was often threatened by the Plaintiff’s members of Awama (hereinafter “AL”) who joined the student organization from 1991 to BNP (hereinafter “BNP”) and joined the BNP party from 2008 to actively engage in the active activities as a general secretary.

The Plaintiff, a member of the BNP, was arrested on March 1, 2015 on the ground that he led the demonstration at the time of the overall election, and was hospitalized in the hospital after being arrested on March 1, 2015, and was hospitalized in the hospital. The Plaintiff supported a terrorist crime. “When visiting the Gaggg-si on February 18, 2014, the Plaintiff was indicted by a member of the National Assembly C without accusation, but there was a limit to the Plaintiff’s suppression because the AL was a house, and the Plaintiff was arrested, detained, or threatened with violence from the AL member as he was born by the Plaintiff.

AL National Assembly members and party members have influence on local society.

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