Asylum based on conversion
Supreme Court judgment 3 June 2021, HR-2021-1209-A, (case no. 20-160710SIV-HRET), civil case, appeal against judgment.
A, B (Counsel Nadin Askeland Humlen), Norwegian Organisation for Asylum Seekers (intervener)
(Counsel Arild Karl Humlen), The Church of Norway (intervener) (Counsel Kristin Veierød) v.
The State represented by the Immigration Appeals Board (the Office of the Attorney General represented by Marius Stub)
Justices: Matningsdal, Falkanger, Bergsjø, Falch, Østensen Berglund
An Afghan married couple had asserted conversion from Islam to Christianity after arrival in Norway as basis for residence under section 28 of the Immigration Act. The Supreme Court took as its starting point that the lower standard of proof in asylum cases – that the immigrant's statement must be used as basis if it is fairly probable – must be used as basis also in conversion cases. Credibility is not a suited condition for applying the lower standard of proof. In the individual assessment, the Supreme Court's majority of three justices concluded that the conversions were not genuine. It was mentioned that the couple's statements contained unlikely elements and contradictions, and that they were adjusted and extended during the process. Declarations submitted by priests and other supporters of the couple made an impression, but could not render the statements fairly probable. A minority of two justices found that the priests' declarations had to be de decisive. Dissenting opinions 3-2.