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(영문) 서울행정법원 2017.11.03 2017구단27266
난민불인정결정취소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

Although the Plaintiff himself/herself constitutes a refugee under the Refugee Act, the Plaintiff asserted that the Defendant’s disposition of non-recognition of refugee status was unlawful on June 27, 2016 and sought revocation of the said disposition.

However, pursuant to Article 20(1) of the Administrative Litigation Act and Article 21(1) and (2) of the Refugee Act, a person who has received a decision of rejection of refugee status may file an objection with the Minister of Justice within 30 days from the date he/she receives the notification, and a person who has filed an objection shall file a suit for cancellation within 90 days from the date he/she receives

However, according to the records of this case, it is acknowledged that the Defendant rendered a decision to deny refugee status against the Plaintiff on June 27, 2016, and that the Plaintiff raised an objection against the decision to reject refugee status against the Minister of Justice, but the said objection was dismissed on July 25, 2016, the Plaintiff received a notice of decision to dismiss the objection on May 29, 2017, and that the lawsuit of this case was filed on August 30, 2017 after the lapse of 90 days from the said lawsuit. Thus, the lawsuit of this case is unlawful as it was filed with the lapse of the filing period.

Thus, the lawsuit of this case is unlawful and dismissed.

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