|
【Main Issues and Holdings】
[1] Purport of Article 5(1)4 of the Enforcement Decree of the Refugee Act to stipulate “[a refugee applicant who] is from a safe country” as the grounds for nonreferral to refugee status screening
Meaning of “[a refugee applicant who] is from a safe country” stipulated in the above provision and where the burden of proof thereof lies (held: Minister of Justice or the head of a local immigration office or foreigner-related office)
[2] Method of determining whether an application for refugee status is “manifestly unfounded” under Article 5(1)7 of the Enforcement Decree of the Refugee Act, and where the burden of proof lies with regard to the fact that a refugee status application is manifestly unfounded (held: Minister of Justice or the head of a local immigration office or foreigner-related office)
|
