Utlendingsnemnda (UNE) is an independent quasi-judicial Appeals Board that handles appeals of rejections by the Directorate of Immigration (UDI) pursuant to the Immigration Act. Administratively, UNE sorts under the Ministry of Justice and the Police (JD). Although the Ministry can instruct the Board through legislation, regulations, budget and general priorities, it can`t instruct the Board on interpreting the law, exercising discretion or deciding individual cases.
The appeals UNE handles include; protection , family migration, residence permits.
UNE has a staff of over three hundred, of whom 27 are Board Leaders qualified as judges. In addition, approx. 300 lay persons have volunteered to serve as ad hoc appeals board members.
UNE has more than one method to reach its decisions. Decisions can be reached at appeals board hearings with the appellant present, at appeals board hearings without the appellant, by a board leader or by the legal secretariat. A board leader decides the processing method for each case. Decisions on process method can't be appealed.
A Grand Board was established on September 9th 2005. It reviews cases on issues of principle, cases with wide ranging economic and social consequences as well as cases where the board's practice varies. Three board leaders and four lay board members sit on the Grand Board. Decisions of the Grand Board are precedence-setting for other cases.
According to the Immigration Act, cases without material questions of doubt may be decided without an appeals board hearing, either by a board leader or by the legal secretariat. These may, for example, be cases governed by a regulation in which it is easily determined whether specific requirements of laws and regulations have been met. It is in cases presenting material questions of doubt that an appeals board hearing is convened.
Some appeals board hearings are held with the appellant present. However, appeals board hearings are also held without the appellant. If, for example, there is no doubt about the relevant facts of the case and no need for additional information from the appelant, the appeals board can hold a hearing and decide the case without the appelant. Alternatively, in cases where relevant facts are in dispute or where the appellant can help provide necessary clarification, the appelant can be requested to appear at a board hearing.
Appeals board hearings are chaired by by a board leader and attended by two lay board members. UNE's legal secretariat prepares cases to be handled by the appeals board. The board leader submits case documents to other board members prior to the hearing. Hearings take place in camera.
Board hearings begin with a brief presentation of the case, the relevant provisions of the Immigration Act, the Immigration regulations and central issues of the case. In cases where the appellant is present, he/she may provide factual information and judgements of importance for the case. Members are allowed to question the appellant. The appellant’s lawyer or other representative is given an opportunity to sum up the case. Cases handled at appeals board hearings are decided by a majority vote.
Decisions made in individual cases can't be reviewed by the Ministry, Government or UNE's administration, but can be appealed through the regular judicial system.