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TITLE Supreme Court Decision 2016Du42913 Decided December 5, 2017¡¼Revocation of Denial of Refugee Status¡½ [full Text]
Summary
[1] Legislative purport of the Immigration Act that provides for a written notification explaining the ground for denial of refugee status
Whether an administrative agency, upon receiving an application for recognition of refugee status, may deny such application by only citing other grounds that are irrelevant to the requirements for recognition of a refugee prescribed under law (negative)
[2] In the requirement for recognition of refugee status, i.e., ¡°persecution due to membership in a particular social group,¡± meaning of ¡°a particular social group¡± and ¡°persecution¡± to which a foreigner applying for refugee status is likely exposed to
[3] Whether ¡°female genital mutilation¡± constitutes ¡°persecution¡± committed against a woman on the ground that she is a member of a particular social group (affirmative)
In a case where a female refugee status applicant is deported to her country of nationality and that applicant, despite facing the risk of being forced against her will to undergo genital mutilation, cannot expect sufficient protection from her country of nationality, whether such instance falls under cases where refugees are unable to avail themselves of the protection of the country of their nationality owing to a well-founded fear of being persecuted (affirmative)
Meaning of ¡°risk of being forced to undergo female genital mutilation¡± and method of determining the existence of an individual, specific risk of female genital mutilation
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