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03/02/2021
NO: The Supreme Court held that the possibility of internal flight alternative in the country of origin can be taken into account when assessing whether refugee status should cease.

ECLI
Input Provided By
EUAA IDS
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Norway, Supreme Court [Noregs Høgsterett], A,B,C, case no. 20-121835SIV-HRET, 03 February 2021. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2206
Case history
Other information
Abstract

The applicants are a family from Afghanistan for whom UNE decided to end refugee status. The Court of Appeal confirmed the decision and the Supreme Court checked whether the Court of Appeal had correctly applied the Immigration Act. The Supreme Court confirmed the Court of Appeal's assessment and rejected the applicant's appeal, by finding that the possibility of internal flight alternative in the country of origin can be taken into account when assessing whether refugee status should cease. The assessment to end refugee status must also be based on the circumstances at the time of the decision, even in cases where the third country national has already been returned to the country when the decision is made.


Country of Decision
Norway
Court Name
NO: Supreme Court [Noregs Høgsterett]
Case Number
case no. 20-121835SIV-HRET
Date of Decision
03/02/2021
Country of Origin
Afghanistan
Keywords
Afghanistan
Cessation of protection
Country of Origin Information
Internal protection alternative/ flight alternative
Refugee Protection
Other Source/Information
Norwegian Supreme Court