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(영문) 서울행정법원 2017.04.13 2017구단4652
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 September 2, 2015, the Plaintiff entered the Republic of Egypt (hereinafter referred to as “Egypt”) as a foreigner of the nationality of the Republic of Egypt (hereinafter referred to as “Egypt”) and filed an application for refugee status with the Defendant on September 2, 2015 after the expiration of the period of stay ( October 19, 2014).

B. On October 21, 2015, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter referred to as “instant disposition”) to the Plaintiff on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear that would be detrimental to persecution” as stipulated in Article 1 of the Convention on the Status of Refugees (hereinafter referred to as the “Refugee”) and Article 1 of the Protocol Relating to the Status of Refugees (hereinafter referred to as the “Refugee”).

C. On November 13, 2015, the Plaintiff received a notice of decision on non-recognition of refugee status, and thereafter filed an objection with the Minister of Justice on December 9, 2015, but was dismissed on the same ground as on October 27, 2016.

On November 16, 2016, the Plaintiff received a notice of decision to dismiss an objection.

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

2. Whether the disposition is lawful;

A. The main point of the Plaintiff’s assertion was that the Plaintiff rejected the proposal to participate in terrorist activities by joining the Muslim group and was threatened by the Muslim group.

In the event that the plaintiff returned to his own country, the disposition of this case which did not recognize the plaintiff as a refugee is unlawful even though it is likely that the plaintiff might be stuffed by the Muslim model group for the same reason.

(b) In full view of the provisions of Article 2 subparag. 1 and Article 18 of the former Refugee Act, Article 1 of the Refugee Convention, and Article 1 of the Refugee Protocol, foreigners who are unable to obtain protection of their nationality or do not want the protection of their country of nationality due to well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion.

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