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23/08/2024
NO: The Oslo District Court ruled that the revocation of a residence permit of an applicant who was granted protection on the grounds that he was an unaccompanied minor from Afghanistan was lawful since the applicant failed to reveal that he had derived Pakistani citizenship.
23/08/2024
NO: The Oslo District Court ruled that the revocation of a residence permit of an applicant who was granted protection on the grounds that he was an unaccompanied minor from Afghanistan was lawful since the applicant failed to reveal that he had derived Pakistani citizenship.

ECLI
Input Provided By
EUAA Information and Analysis Sector (IAS)
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Norway, District Court [Noreg Domstolar], Applicant v Immigration Appeals Board (Utlendingsnemnda‚ UNE), TOSL-2024-50497, 23 August 2024. 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=4526
Case history
Other information
Abstract

The applicant requested international protection in Norway in 2015. In February 2017, the applicant was granted a temporary residence permit on the grounds that he was an unaccompanied minor from Afghanistan who could not be returned without adult caregivers. The permit was limited and was renewed with reservations in June 2019. 


In March 2021, the applicant was informed by the Norwegian Directorate of Immigration (UDI) that his residence permit may be revoked owing to knowledge that his father and grandfather were nationals of Pakistan, from whom he had derived Pakistani citizenship. On 9 October 2022, the Immigration Appeals Board (UNE) revoked the applicant's residence permit under Section 63 of the Immigration Act, citing fraud, as the applicant had failed to disclose matters of material significance to the administrative decision.


The applicant filed an appeal before the Oslo District Court, which upheld UNEs revocation decision. Following an overall assessment of the evidence, the court determined that it is likely that the applicant had derived Pakistani citizenship from his father and grandfather, and that he had withheld this information despite his better knowledge, both that he is only an Afghan citizen and that he was alone in the sense that he had no careers. The court noted that the applicant did not disclose this information to the Norwegian authorities until they gradually revealed the factual situation, which included that he was registered as citizen of Pakistan with his own Computerized National Identity number in the National Database & Registration Authority, as confirmed by Pakistan's authorities. The court determined that the concealed and erroneous facts played a substantial role in the decision on the temporary residence permit and explained that the applicant was granted a temporary residence permit on the grounds that he was an Afghan citizen with no legal presence in Pakistan and no carers, which was not the case, and hence the judgment was declared valid. The court stated that whether or not the applicant was also an Afghan citizen was irrelevant to its determination.


Country of Decision
Norway
Court Name
NO: District Court [Noreg Domstolar]
Case Number
TOSL-2024-50497
Date of Decision
23/08/2024
Country of Origin
Afghanistan; Pakistan
Keywords
Assessment of evidence/assessment of documents
Humanitarian Protection/ Temporary Residence
Unaccompanied minors
Withdrawal/End/Revocation/Renewal of Protection