The prohibition in Article 31 no. 1 against punishing refugees for illegal travel and residence
Supreme Court judgment of 24 June 2014, HR-2014-01323-A, (case no. 2014/220), criminal case, appeal against judgment
A (Counsel Thor André Bjerkhaug), Norwegian Organisation for Asylum Seekers (intervener) (Counsel Anders Ryssdal) v. The public prosecution authority (Public prosecutor Erik Førde)
A citizen of Cameroon was convicted in the District Court and the Court of Appeal for violation of section 182 of the Penal Code. Upon arrival at Gardermoen airport, he had presented a false Portuguese residence card. After being taken aside for an immigration check, he informed that he was seeking protection in Norway. The Supreme Court concluded that he was protected by Article 31 no. 1 of the Refugee Convention. The Convention's requirement that a refugee shall seek protection "without delay" was met, as he had sought protection before the immigration check was completed. The Court of Appeal's judgment with appeal hearing was overturned.