logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울행정법원 2016.09.09 2016구단6729
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. Upon entering the Republic of Pakistan (C-2) on December 3, 2010, the Plaintiff, a national of the Republic of Pakistan (hereinafter referred to as “Pakistan”) and staying in the Republic of Korea on March 27, 201 with permission for change of sojourn status on short-term commercial (C-2) sojourn status on March 2, 201, and on May 27, 2014, the Plaintiff filed a revocation suit and filed an application for permission for extension of sojourn period on November 12, 2015 while the Plaintiff was staying in the Republic of Pakistan (hereinafter referred to as “Pakistan”), and filed an application for refugee status with the Defendant on December 4, 2015, when the lawsuit was concluded against the Plaintiff.

B. On December 14, 2015, the Defendant rendered a decision on the recognition of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff does not constitute a case of “a well-founded fear that would be detrimental to persecution” as prescribed by Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion was made by actively engaging in activities as the representatives of the regional parties in Pakistan B, and was under long-term gambling with the attention of PML-N, which is an influence as the opposing political party. The Plaintiff was threatened with firearms several times and continued to go in Pakistan.

On December 26, 2015, after the instant disposition was taken, the Plaintiff returned to Pakistan, and was forced to leave the Pakistan together with the opposite party members by serious intimidation and alta.

Therefore, the Plaintiff is a refugee who is likely to suffer serious persecution on the grounds that the Plaintiff is a opposing party at the time of returning home.

Nevertheless, the instant disposition made by the Defendant on a different premise is unlawful.

(b) The definitions of terms used in this Act shall be as follows:

1. “Refugee” means a member of a particular social group of race, religion, nationality, or membership; or

arrow