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05/05/2022
NO: The Supreme Court provided guidelines on assessing religious persecution claims and future-oriented analyses of the risk of religious persecution upon return to the country of origin.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Norway, Supreme Court [Noregs Høgsterett], Immigration Appeals Board (Utlendingsnemnda‚ UNE) v A., Norwegian Organization for Asylum Seekers (NOAS), No 21-149678SIV-HRET, 05 May 2022. 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=2552
Case history
Other information
Abstract

The applicant, an Iranian national, arrived in Norway in 2009, and he was baptized in the local congregation where he had settled. He applied several times for asylum on the grounds that, as a Christian convert, he had a well-founded fear of persecution in his country of origin. The Immigration Appeals Board (UNE) rejected the applications.


On further appeal, the Court of Appeal held that the asylum seeker would practice his religion in such a way that he would be subjected to persecution upon return to Iran.


The Supreme Court pointed out that the Court of Appeal had not considered the significance of the asylum applicant's explanation being adapted along the way, and concluded that the Court of Appeal's specific application of law was based on an incorrect evidentiary assessment. The judgment of the Court of Appeal was overturned.


The court further held that the courts can fully test whether UNE's decision is valid, including the future-oriented risk assessment of persecution due to religion. The decision also provided guidance on which evidentiary requirement is to be used as a basis for the assessment.


Country of Decision
Norway
Court Name
NO: Supreme Court [Noregs Høgsterett]
Case Number
No 21-149678SIV-HRET
Date of Decision
05/05/2022
Country of Origin
Iran
Keywords
Assessment of Application
Effective remedy
Religion/ Religious Groups
Second instance determination / Appeal
Source
Domstol.no