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(영문) 서울행정법원 2018.12.21 2018구단20965
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Although the Plaintiff is a Russia national, the Plaintiff himself/herself constitutes a refugee under the Refugee Act, the Defendant asserts that it was unlawful that he/she rendered a disposition of non-recognition of refugee status to the Plaintiff on August 30, 2017, and sought revocation of the said disposition. Accordingly, the Defendant asserted that the instant lawsuit was unlawful as it was filed after the lapse of the period for filing the lawsuit.

Pursuant to Article 20(1) of the Administrative Litigation Act, 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 not to recognize refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives the notification, and a person who has filed an objection shall file a revocation lawsuit within 90 days from

However, according to the statement in Eul evidence No. 4, it is evident that the plaintiff received a notice of dismissal of the objection on July 27, 2018, and it is apparent that the lawsuit in this case was filed on October 29, 2018 after the lapse of 90 days from that date. Thus, the lawsuit in this case is unlawful as it was filed with the lapse of the time limit for filing the lawsuit.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it as per Disposition.

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