Norwegian law contains no express reference to the detention of stateless persons or their freedom of
movement. Stateless persons who apply for asylum are in most cases moved to an open or minimal security
transfer center, where they stay for two to ten days. The majority of asylum applicants are then moved to an
asylum reception center. The reception center is chosen based on the applicant’s personal status (such as age,
gender, or civil status) or the status of the application.142
In some instances provided for by Article 106 of the Immigration Act, aliens, including asylum-seekers and
stateless persons, can be detained. A foreign national can be arrested and remanded to custody if the person
in question is not cooperative when establishing his or her identity, or if the Norwegian authorities have
reason to believe that the person has given wrong information about his or her identity.143
With the law amendments effective 1 March and 1 July 2012, various changes were made to the Immigration
Act, including changes to rules regarding deprivation of liberty of foreign nationals. Some have expressed
their concern that these amendments lowered the evidentiary standard for the detention of foreign nationals.
When there is a doubt that the person is providing correct identity information, the threshold of evidence in
Article 106 (1) a has been lowered from “reasonable grounds for suspicion” to “concrete grounds to assume.”144
The possibility that stateless persons in Norway might be subjected to criminal sanction and detained raises
concerns under the 1954 Convention.
3.4.1.2 EXPULSION
Article 31(1) of the 1954 Convention prohibits contracting States from expelling a stateless person lawfully in
the territory save on grounds of national security or public order. A stateless person is also entitled to submit
evidence to clear him- or herself, to appeal a decision on expulsion and be represented by a person specially
designated by the competent authority. In addition, a stateless person is entitled to a reasonable period to
seek legal admission into another country. The State implementing the expulsion can apply internal measures
as necessary.145
Article 66 of the Immigration Act, which provides for expulsion of foreign nationals who do not hold a
residence permit, applies equally to stateless persons. No special protections against expulsion of stateless
persons are found in the Immigration Act. Under Article 66, a foreign national can be expelled if he or she has
grossly or repeatedly breached one or more provisions of the Immigration Act. A foreign national can also
be expelled if he or she has wilfully or through gross negligence provided materially incorrect or manifestly
misleading information in a case subject to the Immigration Act, or has evaded the implementation of an
administrative decision requiring him or her to leave Norway.146
If UDI determines that there are grounds to expel a person from Norway, the foreign national who is to be
expelled is informed of this in writing. An appeal must be lodged within three weeks, with short extensions
permitted under certain circumstances.147 UDI will reevaluate the grounds for expulsion, taking into account
the person’s connection to Norway, the principle of proportionality, and whether the person will be in
danger if returned. If UDI does not reverse its decision and the expulsion order is upheld, the person will be
informed and the case is automatically forwarded to UNE, which makes the final decision. If UNE confirms
142
Global Detention Project, Norway Detention Profile, available at: http://goo.gl/g7afiI. Interview with NOAS, 23 August 2012,
interview with the Norwegian Centre against Racism, 22 August 2012.
143
Article 106(1) (a) and (e) of the Immigration Act.
144
Norwegian Centre for Human Rights, Comments from the NI to the Committee Against Torture’s 49th session and the
consideration of Norway’s combined sixth and seventh periodic reports (CAT/C/NOR/6-7) submitted in response to the list of
issues (CAT/C/NOR/Q/7), 12 October 2012, p. 4, available at: http://goo.gl/OR0eFP.
145
Article 31(2)-(3) of the 1954 Convention.
146
Article 66(1), para. a.
147
RS 2010-024, Utvisning etter utlendingsloven §§ 66, 67 og 68 – brudd på utlendingsloven og/eller straffbare forhold, available at:
https://goo.gl/nXS5zD, para. 10.1.
UNHCR STOCKHOLM, OCTOBER 2015
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