The subject of this practice memo is exclusion from the right to recognition as a refugee, pursuant to section 31 of the Immigration Act.
Exclusion means that the authorities in the country where a claim for protection is launched, may deny an applicant the right to protection pursuant to section 28 of the Immigration Act, if the applicant is guilty in matters regulated by section 31 of the Immigration Act.
The purpose of exclusion is twofold. Firstly, to exclude persons who are deemed unworthy of refugee status. Secondly, to ensure that persons who have committed serious criminal offences outside of Norway do not avoid criminal prosecution by applying for asylum.
The practice memo provides an overview of UNE's practice. The previous version of the note was based on a review of nearly 80 decisions and court rulings from the period 2015 to April 2021. The latest update is based on a review of nearly 30 decisions and rulings from the period May 2021 to December 2024, where exclusion has been a central theme.
The decisions include both appeals against UDI decisions and decisions made after the appellant has requested a reversal of UNE's previous decision. All court rulings where exclusion has been a central theme and which have been handed down during the period are also included in the review.