Sentence for long-term unlawful residence in Norway
Supreme Court judgment 15 April 2021, HR-2021-798-A, (case no. 20-182431STR-HRET)
A (Counsel Steinar Jacob Thomassen) v. The Public Prosecution Authority (Counsel Andreas Magne Alfoni Strand)
Justices: Matningsdal, Bergsjø, Ringnes, Bergh, Steinsvik
The sentence for violation of section 108 subsection 2 (a), cf. section 55 subsections 1 and 2, of the Immigration Act was 120 days of imprisonment. The convicted person had resided unlawfully in Norway for nine years and four months, which was crucial to the sentencing process. He had also worked unlawfully for seven months. It was emphasised that violations of the Immigration Act are an increasing problem, and that considerations of general deterrence suggested a strong reaction. The fact that he had now been granted lawful residence on strong humanitarian grounds because of his daughter's particular connection with the realm, could not be emphasised in connection with sentencing. The convicted person's confession was considered a mitigating factor. There was no basis for suspending a part of the sentence.