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The expulsion of a caregiver does not violate the right to family life, the court states.
Norway was in 2020 complained to the ECHR after a ruling in the Supreme Court maintained that a foreign national who have conducted serious crimes of the Immigration Act, can be expelled for two years, even though she has children in Norway. The court said that the general prevention in such cases is an essential reason for expulsion and temporary prohibition against entry.
The ECHR maintained Norway’s decision
On June 23rd, Norway’s decision was maintained. The ECHR states that expulsion does not violate the right to a family life after article 8. ECHR agrees with the Supreme Court in their assessment that “exceptional circumstances” does not apply in this matter and emphasises that the duration of the prohibition against entry is set for two years, because of the children in question.
The case is about a woman who came to Norway in 2001 and became a Norwegian citizen in 2007. In 2014 it became clear that she had lied about her country of origin to be allowed to stay as a refuge. The woman claimed to be from Somalia but was in fact from Djibouti. UDI recalled her citizenship and expelled for two years. This was maintained by UNE. She and her Norwegian husband have four children who are Norwegian citizens. The family have lived in Norway the entire period.
UNE appealed the case to the Supreme Court to get a legal clarification with the considerations between breach of the Immigration Act on the one side, and the consideration of the children on the other.