Revocation of refugee status and residence permit

Supreme Court judgment of 23 March 2018, HR-2018-572-A, (case no. 2017/1659), civil case, appeal against judgment.

The state represented by the Immigration Appeals Board (Attorney General Kari Sigursen) v. A, B, C (Counsel Vera Vikki)

Justices: Falch, Matheson, Bull, Høgetvedt Berg, Indreberg

In a case regarding the validity of revocation of residence permit for a mother and daughter from Afghanistan, see the Immigration Act section 37 subsection 1 e, the Supreme Court found, similar to lower instances, that the Immigration Appeal Board's decision was invalid. When the application was granted, it was assumed that the conditions in their home country were unstable and that the women and her daughter risked being subjected to inhuman treatment. The revocation was justified by the fact that the woman had been reunited with her partner, who came to Norway the year after. The Immigration Appeals Board found that the family could be returned to their home country, but did not consider whether the safety situation in the district had changed significantly and non-temporarily during the period from the asylum application was granted, which was an error in law. It was also held that section 37 subsection 1 e did not contain a proportionality requirement. The state's appeal against the court of appeal's judgment was dismissed.

Read the whole judgment.