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Country of Decision : Norway
Court Name : NO: Immigration Appeals Board [Utlendingsnemnda (UNE)]
Date of decision : 20/09/2018
Type : Decision
Case Number/Citation/ Document Symbol : N18162210927

Appellants (Eritrea) v Immigration Appeals Board (Utlendingsnemnda)


NO: Norwegian Immigration Appeals Board decides on income requirement exemption and time-frames

A citizen of Eritrea and her child applied for family reunification with the husband/father of the child, who held a residence permit in Norway as a refugee. The applicant appeared personally at the foreign service mission approximately one year and three weeks after the sponsor was granted his residence permit. She had registered the application online and paid the fee about 10 months after the permit was granted. The Immigration Regulations Section 10-8 states that in order to be granted exemption from the subsistence requirement, it is a condition that the application was submitted within one year of the reference person being granted a residence permit. The application was rejected as they had not met the one year-deadline for exemption of the subsistence requirement, and therefore did not meet this criterion. The sponsor complained to the Parliamentary Ombudsman who issued a statement that the Appeals Board’s interpretation of the Immigration Regulations was incorrect. The Ombudsman was of the opinion that an application is submitted when the application is received in the online portal and the fee is payed, not at the time when the applicant appears in person at the foreign service mission. The majority of the Grand Board of the Immigration Appeals Board disagreed with this and upheld the position that it is the time of the personal appearance at the foreign service mission that is decisive. The reasoning of the Grand Board was the need to control the identity of the foreign nationals that enter Norway. The decision was not unanimous (5-2). Precedent-effect: In the assessment of whether the one-year deadline for exemption from the subsistence requirement is met, in cases regarding refugees who apply for family reunification, it is the date of which the applicant appeared at the foreign service mission that shall be used as a basis.

Family Reunification; Minor;

National law only (in case there is no reference to EU law/ECHR);

EASO Annual Report on the Situation of Asylum in the EU

Norway, Immigration Appeals Board [Utlendingsnemnda (UNE)], Appellants (Eritrea) v Immigration Appeals Board (Utlendingsnemnda), N18162210927, 20 September 2018. Link redirects to the English summary in the EASO Case Law Database.