The case concerned the legality of the Immigration Appeal Board's (UNE) decision not to reverse its decision to revoke the applicant's residence permit and refugee status, as well as issue deportation with a permanent entry ban.
The applicant, A, had applied for international protection in Norway in September 2012. During the registration of his application, he was identified as being from the Congo as he submitted an alleged election card. He claimed to have a wife and two children, and that his father was deceased. However, the applicant did not inform the competent authorities about the issuance of a visitor's visa to Sweden, nor about the passport and identification used for the application, which said that he was from Uganda.
In September 2022, the Norwegian Directorate of Immigration (UDI) rejected the applicants' application for international protection. The applicant filed an appeal against the decision, and the UNE reversed the decision and granted the applicant a temporary residence permit after determining that the applicant was entitled to protection under Section 28 letter b of the Immigration Act due to the situation in the Congo, and that it was unreasonable to transfer the applicant by internal flight to Kinshasha in the Congo.
In 2016, the applicant was granted both a permanent residence permit and a travel certificate. In 2019, the applicant applied for Norwegian citizenship, and in 2022, he applied for a foreign passport to fly to his father's funeral, but it was denied because he had previously said that his father had died. Following this, a series of investigations were conducted, which resulted in advance warnings of revocation and expulsion.
The computer system for immigration and refugee affairs revealed the applicant's two identities, claiming to be from Congo in Norway and Uganda for the visa application in Sweden. Technical examinations were conducted, and the UDI and UNE concluded that the applicant was from Uganda. In October 2022, the UDI revoked the applicant's residence permit and refugee status, and it was ruled that the applicant would be deported from Norway and the Schengen area with a permanent entry ban.
The applicant filed an appeal with the UNE, which upheld the UDI's decision, citing a preponderance of probability that the applicant was from Uganda in January 2024. The applicant requested the UNE to amend its decision, however the UNE denied the revision request in February 2024. The applicant filed an appeal with the Oslo District Court in February 2024, but the police transferred him to Uganda in March 2024. The hearing was held in Oslo District Court, with the applicant present by audio and partial image transmission from Uganda.
The Oslo District Court dismissed the applicant's appeal on 7 June 2024. The court found that there was extensive evidence linking the applicant to Uganda. Moreover, there were reasons to infer that the applicant falsely stated that he was Congolese and disguised the fact that he was from Uganda. Based on this, there were grounds for the UNE to revoke the applicant's residence permit under Section 63 of the Immigration Act. Furthermore, it was found that the applicant did not qualify for refugee status under Section 28 of the Immigration Act because he was from Uganda. The court explained that the applicant was granted refugee status because he claimed he was from the Congo but there was no evidence to suggest that the applicant needed protection in Uganda.