Sentence for unlawful stay after expulsion from Norway

A foreign national had remained in the realm after being expelled due to a prison sentence for unlawful stay and minor drug offences. The Supreme Court pointed out that the provision in the Immigration Act on punishment for unlawful stay after expulsion due to a prison sentence became stricter in 2021 and moved from section 108 subsection 2 (a) to section 108 subsection 3 (f). The unlawful stay covered under the former provision amounted to approximately 15 months. The stay covered by the recent provision amounted to approximately five months. Considered in isolation, the first part of the stay qualified for a sentence of imprisonment for 60 days, and the second part for 90 days. After an overall assessment, the sentence was set at seven months of imprisonment.

Area of law: Criminal law. Sentence. Immigration law. Section 3, section 77 (k) and section 79 (a) and (b) of the Penal Code. Section 108 subsection 3 (f) of the Immigration Act.

Key paragraphs: 21, 23-24, 29-30

Justices: Indreberg, Noer, Bergsjø, Ringnes, Høgetveit Berg