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(영문) 대구지방법원 2018.11.09 2018구단1577
난민불인정처분취소
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 June 7, 2015, the Plaintiff, a foreigner of the Islamic Republic of Pakistan, entered the Republic of Korea with a visa on a short-term visit (C-3) on a short-term basis, and filed an application for refugee recognition with the Defendant on June 12, 2015 on the ground that “the Plaintiff was stuffed from the Spas Forest as a hydropas forest.”

B. On April 8, 2016, the Defendant rendered a disposition of non-recognition of refugee status on the ground that the Plaintiff’s assertion does not constitute “a sufficiently based fear that she would suffer from persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. The Plaintiff filed an objection with the Minister of Justice on May 12, 2016, but the said objection was dismissed on December 7, 2017.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2 (including Gazy number), Eul evidence 1, 2, and 4, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s lawsuit on this case’s main defense is unlawful, since it was filed after the period for filing the lawsuit expires.

B. According to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she received the notification, and the person who filed an objection shall file a revocation lawsuit within 90 days from the date he/she received a notice of rejection decision

The same year within 30 days from the date the Plaintiff received a notice of non-recognition of refugee status on April 21, 2016

5. Although the Plaintiff filed an objection with the Minister of Justice on December 7, 2017, the fact that the foregoing objection was dismissed on December 7, 2017 and the Plaintiff received a notice of dismissal decision on the Plaintiff’s objection on December 11, 2017 does not conflict between the parties, and is apparent in the record that the Plaintiff filed the instant lawsuit on August 21, 2018 after the lapse of 90 days from the Plaintiff. As such, the instant lawsuit was filed subsequent to the lapse of

3. Conclusion Lawsuits in this case

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