UNHCR’s Representation for the Nordic and Baltic Countries has submitted its observations on the Proposal for amendments to the Norwegian Immigration Act (Deportation of refugees due to imposed punishment).
The amendment seeks to introduce a new provision on the expulsion of foreigners with refugee status, who have been convicted and sentenced of crimes that carry a prison sentence of two or more years.
The new provision allows for expulsion without first making a decision on the cessation of their refugee status, as has been the practice by migration authorities to date. It means that the only assessment required in this regard is that there is no risk of persecution for the refugee.
UNHCR welcomes the amendment, in part. Cessation of refugee status does not serve as a pre-requisite for expulsion when refugees have committed crimes. However, it is not considered appropriate to reconsider a refugee’s risk of persecution on the basis that they have committed a crime – this may only be considered if the criteria for cessation under the UN Refugee Convention are met. Additionally, refugees may only be expelled in situations when they have committed very serious crimes and are considered a threat to national security, public order, or a danger to the security or the community of the country.
UNHCR urges Norway to undertake an analysis of the nature and seriousness of the crimes that could lead to deportation or expulsion beyond the length of prison sentence – and also looking beyond an assessment of no risk of persecution.
UNHCR’s observations are available here.
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