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(영문) 서울행정법원 2017.09.07 2017구단19821
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 December 12, 2016, the Plaintiff filed an application for refugee status with the Defendant on May 18, 2016, while entering the Republic of Pakistan for a short-term visit (C-3) sojourn status on May 18, 2014.

B. On December 30, 2016, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be recognized as “ sufficiently-founded fears that would be subject to persecution” as a requirement for refugee status prescribed under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. On January 23, 2017, the Plaintiff filed an objection with the Minister of Justice on January 23, 2017, but rendered a final decision to dismiss the Plaintiff’s application on June 8, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the legitimacy of the disposition

A. The gist of the Plaintiff’s assertion lies in the Plaintiff’s home country and reversed the conclusion of matrimonial engagement around 2004, knowing that the operator of matrimonial engagement was narcotic addicts and larceny, and around five years thereafter, the Plaintiff was threatening to kill the Plaintiff and the Plaintiff’s family.

Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even though the possibility that the plaintiff might be stuffed due to the above circumstances is high in the case that the plaintiff returned to Pakistan.

B. In full view of the following circumstances, the above facts and the purport of the evidence Nos. 3 and 4 (including additional numbers) as well as the entire purport of the pleading, it is insufficient to deem that the Plaintiff has a well-founded fear of persecution, and there is no other evidence to acknowledge it.

The defendant's disposition of this case is legitimate.

1. The plaintiff had already been engaged in religious activities in Pakistan by the husband of the plaintiff before the application for recognition of refugee status of this case.

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