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(영문) 서울행정법원 2020.02.12 2019구단17171
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 2, 2017, the Plaintiff entered the Republic of Liberia (hereinafter “L-1”) as a foreigner of the nationality of the Republic of Liberia (hereinafter “Liberia”) and applied for refugee recognition to the Defendant on January 19, 2018 (hereinafter “instant application”).

B. On August 26, 2019, 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 “Disposition in this case”). 【No dispute over the grounds for recognition”, Gap evidence Nos. 1, 2, and Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff asserted that the plaintiff had a matrimonial engagement in Liberia, which is a nationality state, and then had a matrimonial engagement in Liberia, as a scarcity.

The Plaintiff’s family member threatened the Plaintiff with murder on the ground that the Plaintiff joined the Plaintiff as a shot school.

Therefore, the defendant's disposition of this case which rejected the plaintiff's application for refugee status even though the plaintiff's return to Liberia could cause a threat to his/her life should be revoked as it is unlawful.

B. Determination 1) The fact that an applicant for refugee status has “abruptly-founded fear” on the grounds of “a person’s race, religion, nationality, status as a member of a specific social group, or political opinion” ought to be attested by the refugee status applicant (see, e.g., Supreme Court Decision 2012Du14378, Apr. 25, 2013). In this context, in light of the special circumstances of the refugee status, the applicant cannot require the relevant foreigner to prove the entire alleged facts based on objective evidence. However, in order to be recognized as a refugee, the applicant’s statement is consistent and persuasive, and at least the course of entry, the period from entry to entry, and the process of applying for refugee status.

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