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Country of Decision : Norway
Court Name : NO: Supreme Court [Noregs Høgsterett]
Date of decision : 08/11/2018
Type :
Case Number/Citation/ Document Symbol : HR-2018-2133-A (case no. 2017/2179)

A, B, C and D vs Immigration Appeals Board (Utlendingsnemnda)

The case concerned revocation of a residence permit and refugee status granted to an Afghan woman and her child cf. the Immigration Act Section 37 first paragraph, letter e). The husband arrived in Norway and thus the basis for their permits no longer existed. The Supreme Court narrowed the scope of their assessment to be that of whether the revocation violated their right to private life cf. the European Convention of Human Rights Article 8 and Paragraph 102 of the Norwegian Constitution. The Supreme Court stated that the foreign nationals could not be considered as “settled migrants”, as defined in the jurisprudence of the European Court of Human Rights (ECtHR). The Supreme Court emphasized that they had only lived in Norway for a short period of time and that their residence status was not of a permanent nature. Their permit was temporary, issued for three years, and renewable. The Supreme Court stated that ordinary temporary permits granted for a limited period of time will not normally be able to provide grounds for protection under ECHR Article 8. A natural starting point for this assessment was, in his view, that the ECHR does not give any right to immigration. If a temporary permit with a purpose of granting protection also provided a basis for establishing a convention-protected private life, it would have an intrusive impact on the state's right to regulate immigration.

Afghanistan; Renewal/Withdrawal/Revocation of Protection;

European Convention on Human Rights;

EASO Annual Report on the Situation of Asylum in the EU

Norway,NO: Supreme Court [Noregs Høgsterett], A, B, C and D vs Immigration Appeals Board (Utlendingsnemnda), 08/11/2018
NO: Supreme Court case concerned to the revocation of residence permit and the right to private life