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(영문) 서울행정법원 2015.04.09 2014구합18800
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. The Plaintiff’s status and entry and departure details 1) The Plaintiff is the Islamic Republic of Pakistan (hereinafter “Pakistan”).

) On January 31, 2006, a foreigner of nationality entered the Republic of Korea as an industrial trainee’s technical training (D-3, period of stay 1 year) sojourn status on several occasions after entering the Republic of Korea, and finally, he/she was able to stay until October 23, 2013 as the final (G-1) sojourn status after changing the status of stay and extending the period of stay on several occasions. (2) Meanwhile, the Plaintiff visited Pakistan over four occasions during the said sojourn period.

B. On October 23, 2013, the date when the period of sojourn expires, the Plaintiff filed an application for recognition of refugee status with the Defendant.

On August 1, 2014, the Defendant rendered a disposition of non-recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case where there is a well-founded fear that the Plaintiff would be subject to persecution” as a refugee requirement under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

C. At present, the Plaintiff left the Republic of Pakistan on February 9, 2015 and stays in Pakistan as of the date of the closing of the instant argument.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2 and Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff asserted that the Plaintiff joined an organization “Fiqa Jfria” (hereinafter “Simpha organization”) as a Simpis.

On June 25, 2013, while visiting Pakistan, the Plaintiff was required to take a total action from the members of the Lasashar-e-Jangvi(hereinafter “Lasia-Jangvi”) that was a part of the organization activities of the Simpha wave.

Therefore, in the event that the Plaintiff returned to Pakistan, there is a risk of persecution from the hydropha organization on the grounds of the above religion, and thus, the instant disposition taken on a different premise is taken.

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