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(영문) 서울행정법원 2017.02.02 2016구단29760
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On November 16, 2015, the Plaintiff filed an application for refugee status with the Defendant on November 23, 2015, while entering the Republic of Pakistan (C-3) visa and staying there on a short-term visit (C-3) visa on November 16, 2015.

On January 5, 2016, the Defendant rendered a disposition not to approve the Plaintiff’s application for refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff’s assertion does not constitute “a well-founded fear of persecution” as stipulated in Article 1 of the Refugee Convention and Article 1 of the Refugee Protocol.

The Plaintiff filed an objection with the Minister of Justice on February 2, 2016, but the said objection was dismissed on September 9, 2016.

【In the absence of dispute, the Plaintiff’s assertion as to the legitimacy of the instant disposition as stated in Gap’s Nos. 1 through 3, Eul’s Nos. 1 and 2, and the Plaintiff forced the Plaintiff to recover and pay money while operating the Plaintiff in Pakistan. The Plaintiff threatened the Plaintiff to die without giving money.

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.

Judgment

If the above facts are added to the contents of evidence Nos. 3 and 4 and the purport of the whole pleadings, it is insufficient to view that the plaintiff has a well-founded fear of persecution to the plaintiff, taking into account the following circumstances, and there is no evidence to prove otherwise, the defendant's disposition of this case is legitimate.

The grounds for refugee application asserted by the Plaintiff are a criminal offense that must be resolved by the Pakistanan judicial system, and such assertion alone cannot be viewed as a ground for refugee recognition under the Refugee Act.

원고는 파키스탄에 거주할 당시 탈레반의 눈에 띌만한 중요한 종교적, 정치적 활동을 한...

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