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(영문) 서울행정법원 2018.10.10 2018구단16614
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 May 23, 2017, the Plaintiff entered the Republic of Senegal (hereinafter “Senegal”) as a foreigner of the nationality, and applied for refugee status to the Defendant on July 20, 2017, when entering the Republic of Korea as a short-term visit sojourn.

B. On August 23, 2017, the Defendant rendered a decision on the refusal of refugee status on the ground that the “ sufficiently based fears that the Plaintiff would be subject to persecution” stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees cannot be recognized.

(hereinafter “instant disposition”). C.

On September 25, 2017, the Plaintiff filed an objection with the Minister of Justice on September 25, 2017, but the Minister of Justice dismissed the objection on June 12, 2018.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, Eul's 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff was a Islamic Party from the Islamic Republic of Senegal, and that the Plaintiff believed Islamic Republic of Korea around December 2016.

However, the family members and relatives of the plaintiff who became aware of the opening of the opening of the plaintiff continued to stay there.

There is a well-founded fear that if the plaintiff returned to Senegal, he would suffer from gambling for the same reason.

B. Determination 1) The burden of proving that an applicant for refugee has “a fluent fear” on the grounds of “a person’s race, religion, nationality, status as a member of a specific social group, or political opinion,” is borne by the applicant for refugee status (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this case, in light of the special circumstances of the relevant foreigner, the applicant cannot require the relevant foreigner to prove the entire alleged facts based on objective evidence, but in order to be recognized as a refugee, the applicant is not consistent and persuasive in his/her statement, and at least the course of entry, the period from entry to entry, the background of the application for refugee status, and the nationality country.

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