📋 Tender Overview
The Ministry of Justice and Public Security has adopted an amendment to the regulations which means that the Immigration Appeals Board will to a greater extent process expulsion cases in board hearings, with the participation of lay people, when the case concerns a parent with children in Norway.
The fact that more cases are dealt with in board hearings, with the participation of lay people, will help to strengthen legal certainty and confidence in the case processing. The Ministry is concerned that these difficult cases should be dealt with thoroughly and in a manner that inspires confidence.
As a general rule, only cases that raise significant doubts are dealt with at a board hearing during the appeal round, while other appeals are decided by a board chairperson. The amendment to the regulations means that relevant cases shall be dealt with at board hearings even in the event of a somewhat lower degree of doubt about material issues than is otherwise required. In the assessment, emphasis shall be placed on, among other things, whether expulsion will be particularly invasive, e.g. because of long-term family life in Norway, that the child may be separated from his or her closest caregiver, or that the child will be particularly vulnerable in the event of family separation for other reasons.
The amendment to the regulations will enter into force on 1 July 2024. The Ministry has also issued a circular (G-04/2024), which provides further guidance on the new provision.