18.08.2013 Views

Return - IOM Publications - International Organization for Migration

Return - IOM Publications - International Organization for Migration

Return - IOM Publications - International Organization for Migration

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Return</strong> <strong>Migration</strong>: Policies and Practices<br />

that is punishable by imprisonment <strong>for</strong> a term exceeding three months, or has been sentenced<br />

to imprisonment on several occasions during the last three years;<br />

National security concerns warrant an expulsion.<br />

In the first three instances, expulsions will not be implemented if after taking into account the<br />

gravity of the offence and the individual’s connections to the country (e.g. family), it is considered<br />

that the expulsion will be disproportionate.<br />

A <strong>for</strong>eign national who has a work or residence permit, or a Nordic national who has been<br />

resident in the country <strong>for</strong> more than three months, may only be expelled if the offence is punishable<br />

with imprisonment <strong>for</strong> a term exceeding one year. Foreign nationals, who were born in<br />

Norway and have resided in the country continuously, cannot be refused entry or expelled from<br />

the country. Those who qualify <strong>for</strong> permanent settlement may only be expelled in the interests of<br />

national security or following the completion or receipt of a sentence <strong>for</strong> an offence punishable<br />

with imprisonment of more than three years.<br />

Prohibition on Re-entry<br />

Expulsion is usually considered to be an obstacle to re-entry. The prohibition may be permanent<br />

or <strong>for</strong> a limited duration, depending on the severity of the grounds <strong>for</strong> expulsion and an assessment<br />

of the individual’s personal and family circumstances. In practice, this period generally<br />

does not exceed two years from the date of expulsion. In exceptional circumstances, an individual<br />

may be granted entry into the country <strong>for</strong> a short visit be<strong>for</strong>e the two years have lapsed,<br />

where strong and reasonable grounds exist.<br />

1.3 ADMINISTRATIVE AND PROCEDURAL ARRANGEMENTS<br />

Institutions Responsible <strong>for</strong> Involuntary <strong>Return</strong><br />

The Department <strong>for</strong> <strong>Migration</strong> is one of the six departments of the Ministry of Local Government<br />

and Regional Development (Kommunal og regionaldepartementet – KRD), which is<br />

responsible <strong>for</strong>, among others, issues relating to immigration, minorities, housing, labour market,<br />

local government finance and administration and regional development.<br />

The Department <strong>for</strong> <strong>Migration</strong> is responsible <strong>for</strong> the development and coordination of policies,<br />

laws and regulations concerning refugees, immigration and integration. It establishes the rules<br />

and regulations pertaining to entry to and exit from Norway and questions concerning visa policy,<br />

border control, illegal immigration and human smuggling. It is also responsible <strong>for</strong> facilitating<br />

the return of refugee and asylum seekers to their country of origin.<br />

The Department <strong>for</strong> <strong>Migration</strong> is responsible <strong>for</strong> sectors of the Police Department and the Foreign<br />

Service dealing with immigration affairs, and manages issues relating to the Schengen area,<br />

the European Union and the Dublin Convention. In addition, the Department handles appeals<br />

against decisions made by the Directorate of Immigration on applications <strong>for</strong> Norwegian<br />

nationality.<br />

278

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!