Skip Ribbon Commands
Skip to main content
16/03/2023
IS: The Immigration Appeals Board annulled the decision revoking the applicant's residence permit on humanitarian grounds for returning to Iraq only to get married and to visit her husband.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Iceland, Immigration Appeals Board (Kærunefnd útlendingamála), Applicant v Directorate of Immigration, No 137/2023, 16 March 2023. 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=3393
Case history
Other information
Abstract

The applicant, a national from Iraq, enjoyed residence on humanitarian grounds in Iceland since 2018. On 18 October 2022, the authorities revoked her protection and residence permit on the grounds that she had travelled twice to her country of origin, and that the nature of the family ties which formed the basis for granting her a residence permit had changed since she had turned 18. The applicant contested the revocation of her protection.


When asked about her trips to Iraq, the applicant replied that she had been there to get married and later to visit her husband who could not visit her in Iceland. However, the Icelandic authorities concluded that the fact that she had spent time in Iraq without encountering problems meant she had voluntarily availed herself of the protection of her country of origin.


The Immigration Appeals Board ruled that the fact that the applicant had travel to Iraq twice was insufficient to conclude that she had availed herself of the protection of her country of origin, since it was established that she did so only because her husband, who has been residing regularly in Iceland since, could not obtain a visa at the time. The board also noted that the family ties on the basis on which the applicant had been granted protection in the first place still existed, since her close family still enjoyed protection in Iceland. Moreover, the board found that the applicant's guardians had not been informed of the right of their children to apply for citizenship when turning 18. Recalling the importance to balance the interests of society with the interest of the party and their reasonable expectations when revoking protection, the Immigration Appeals Board annulled the contested decision.


Country of Decision
Iceland
Court Name
IS: Immigration Appeals Board (Kærunefnd útlendingamála)
Case Number
No 137/2023
Date of Decision
16/03/2023
Country of Origin
Iraq
Keywords
Family life/family unity
Withdrawal/End/Revocation/Renewal of Protection