1. On January 22, 2016, the Defendant’s decision not to refer to refugee status review rendered against the Plaintiff is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. The Plaintiff, as a man of the nationality of the Republic of Egypt (hereinafter “Egypt”), submitted an application for refugee status to the Defendant on January 15, 2016, upon arrival at the Incheon State’s supply port.

(hereinafter “instant application”). (b)

On January 22, 2016, the Defendant rendered a decision not to return refugee status screening (hereinafter “instant disposition”) against the Plaintiff on the ground that “The application for refugee status falls under cases where the application for refugee status is not clearly well-grounded, such as where a safe country with no possibility of gambling has been established or a safe country has been established, or solely seeking refugee status for economic reasons, and there is no reason to return refugee status screening under Article 5(1)4 and 7 of the Enforcement Decree of the Refugee Act.”

[Ground of recognition] Facts without dispute, entries in Eul 1, 3, 6, and 9, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s summary of the Plaintiff’s assertion (1) is subject to the Administrative Procedures Act regarding the instant disposition in violation of the Administrative Procedures Act. Therefore, when the Defendant takes the instant disposition, it should be made in writing and present the grounds and reasons therefor to the Plaintiff (Articles 23 and 24 of the Administrative Procedures Act). The Defendant did not properly explain the grounds for the instant disposition to the Plaintiff and did not deliver a document pertaining to the disposition.

(2) The decision of non-return of refugee status by the Defendant who deviatess from or abused discretionary authority may violate Article 33 of the Convention on the Status of Refugees (hereinafter “Refugee Convention”) which provides for the prohibition against the compulsory repatriation of refugees by refusing refugee status without a fair refugee status examination. Thus, in order to ensure that the Convention does not violate the Refugee Convention, each subparagraph of Article 5(1) of the Enforcement Decree of the Refugee Act shall be construed only where the possibility of refugee status is objectively evident.

Article 5 (1) 4 or 7 of the Enforcement Decree of the Refugee Act as a person who is likely to be an honorary deceased person in Egypt.