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 is based on a review of a range of decisions made after 2015. The review shows that UNE has assessed exclusion in accordance with several of the provisions in §31, but the main emphasis of the cases concerns exclusion pursuant to §31, first paragraph, letter b. The majority of the cases result in exclusion from refugee status. In almost all of the cases, the persons have been granted permits pursuant to section 74, cf. section 73, second paragraph. 

Read the practice memo in full here (in Norwegian only)