Revocation of temporary residence permit
Supreme Court judgment 8 November 2018, HR-2018-2133-A (case no. 2017/2179), civil case, appeal against judgment. A, B, C, D (Counsel Torbjørn Kolås Sognefest) v. The state represented by the Immigration Appeals Board (The office of the Attorney General represented by Anne Hesjedal Sending)
Justices: Kallerud, Bergh, Ringnes, Bårdsen, Indreberg
The immigration authorities had revoked the temporary residence permit for a single Afghan woman and her daughter, see section 37 subsection 1 (e) of the Immigration Act, after the woman's husband had come to Norway. The Supreme Court found that the revocation had sufficient legal basis in the Immigration Act, despite the weaknesses of the administrative decision. The woman and her daughter had also not obtained such protection of private and family life so as to invoke Article 102 of the Constitution or Article 8 of the European Convention on Human Rights. It was concluded that a temporary residence permit under section 60 of the Immigration Act did not generally provide grounds for establishing a private life protected under these provisions.