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(영문) 서울행정법원 2019.06.12 2019구단944
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The circumstances leading up to the decision on the recognition of refugee status ① On August 29, 2016, the Plaintiff entered the Republic of Korea with the status of visa exemption (B-1) on August 29, 2016, as a male who is the B-Sk of Russian nationality, and applied for refugee status on February 24, 2017, when the period of stay expires on October 28, 2016, and was under illegal stay in the Republic of Korea, on the ground of national discrimination, etc. to the Defendant on February 24, 2017.

② On February 22, 2018, the Defendant rendered a decision to deny refugee status (hereinafter “instant disposition”) against the Plaintiff on the ground that “the Plaintiff cannot be deemed to have satisfied the requirements for recognition of refugee status under the Refugee Convention and the Refugee Act.”

③ Although the Plaintiff filed an objection with the Minister of Justice, the Minister of Justice dismissed the Plaintiff’s objection on September 14, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The Plaintiff’s assertion is a Islamic bridge, whose appearance differs, and thus, is threatened by Russia’s Sysia, and the Plaintiff’s Sysia type was killed by Russia’s Sysia in 2013-2014, and the Plaintiff’s sysia was sentenced to seven years of imprisonment with labor for the reason of terrorism in other countries of nationality, as well as the Plaintiff’s sysia’s sysia was sentenced to seven years of imprisonment with labor for the reason of terrorism in other countries of nationality.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee should be revoked in an unlawful manner.

3. (i) First, we examine the argument on the threat of Russl's Sponsor.

According to the statements made by the Plaintiff at the time of interview with the Immigration Office on February 12, 2018 in relation to the application for the recognition of refugee status in this case, the Plaintiff suffered from damage from Skind is entirely subject to assault from Skind in subway on August 2013 only once from Skind 12 in subway, and the Plaintiff’s death from Skind was caused by August 2014.

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