11.01.2013 Views

legal and social conditions for asylum seekers and refugees in ...

legal and social conditions for asylum seekers and refugees in ...

legal and social conditions for asylum seekers and refugees in ...

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.

NORWAY<br />

LEGAL CONDITIONS<br />

The <strong>legal</strong> basis<br />

– The Geneva Convention of 1951 <strong>and</strong> New York Protocol of 1967;<br />

– The Act No. 64 of 24 June 1988 regard<strong>in</strong>g the entry of <strong>for</strong>eigners <strong>in</strong>to the K<strong>in</strong>gdom of Norway<br />

<strong>and</strong> their presence <strong>in</strong> the realm (the Aliens Act);<br />

– The Decree of 21 December 1990 pursuant to the Aliens Act, as subsequently modified (the<br />

Aliens Decree);<br />

– The Act No. 81 of 13 December 1991 regard<strong>in</strong>g <strong>social</strong> services (The Norwegian Social<br />

Assistance Act);<br />

Amendments to the Aliens Act <strong>and</strong> Aliens Decree have been recently passed with respect to the<br />

entry <strong>in</strong>to <strong>for</strong>ce of the Schengen Agreement <strong>in</strong> Norway <strong>in</strong> the course of 2001 <strong>and</strong> the<br />

establishment (January 2001) of an Appeal Board to process appeal cases <strong>in</strong>stead of the M<strong>in</strong>istry<br />

of Justice.<br />

Norway is not a EU member state <strong>and</strong> thus it is not a party to the Dubl<strong>in</strong> Convention. However,<br />

alongside with Icel<strong>and</strong>, it is currently negotiat<strong>in</strong>g a parallel agreement to the Dubl<strong>in</strong> Convention<br />

with the European Union.<br />

Refugee status<br />

The only k<strong>in</strong>d of refugee status granted <strong>in</strong> Norway is Convention status <strong>and</strong> Section 16 of the<br />

Aliens Act refers to the def<strong>in</strong>ition of a refugee mentioned <strong>in</strong> the Geneva Convention.<br />

Persons granted refugee status are issued with a residence permit valid <strong>for</strong> one year <strong>and</strong><br />

renewable annually. After three years, they are entitled to permanent residence.<br />

Quota <strong>refugees</strong><br />

Accord<strong>in</strong>g to an agreement with UNHCR, Norway agrees to receive 1,500 quota <strong>refugees</strong> per<br />

year <strong>for</strong> the period 1998-2000. This arrangement is flexible, <strong>in</strong> that more <strong>refugees</strong> will be<br />

accepted <strong>in</strong> one year if the number is correspond<strong>in</strong>gly reduced <strong>in</strong> other years. The Norwegian<br />

Government may decide on the composition of these groups on the basis on UNHCR's written<br />

recommendations. Based on this agreement, Norway received 1,480 quota <strong>refugees</strong> <strong>in</strong> 1999. The<br />

largest groups were from Iran, Afghanistan, Iraq, Croatia <strong>and</strong> Ethiopia.<br />

Most quota <strong>refugees</strong> are granted Convention status, although spouses are sometimes granted a<br />

residence permit on humanitarian basis.<br />

Other types of residence permit<br />

Residence permits <strong>for</strong> humanitarian reasons<br />

Pursuant to Section 8(2) of the Aliens Act, a residence permit may be granted “on the grounds of<br />

strong humanitarian considerations” or when the <strong>asylum</strong> seeker has "a strong attachment to the<br />

realm”. In practice, this applies to a person who cannot be returned to his/her country of orig<strong>in</strong> <strong>for</strong><br />

223<br />

Norway

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

Saved successfully!

Ooh no, something went wrong!