Headline: Iranian Mother and Daughter Face Deportation Despite Court Win; Norwegian Asylum System Questioned
Subheading: Dopo 14 anni in Norway, Jamile and Darya Kudari’s asylum requests have been repeatedly rejected. Now, they could be deported back to Iran, despite winning a major court case that slammed the Norwegian asylum authorities’ decision-making.
Article:
In Norway, Jamile Kudari found freedom for the first time in her life. But here too, she feels helpless in the face of the system, she says.
The 54-year-old Iranian woman and her 30-year-old daughter, Darya, have spent 14 years in Norway, fleeing religious persecution in their homeland. Despite winning a significant court case against the Norwegian Directorate of Immigration (UDI), they now face deportation.
– Life has been put on hold. It’s been tough and difficult for both me and mom, Darya tells NRK.
**Court Win, Yet Uncertain Future**
The mother and daughter won their case against UDI in Oslo District Court. The court ruled that UDI’s decisions were invalid and marred by errors. However, one of them still faces deportation, as UDI has appealed the verdict.
– I like to keep my belongings minimal. I’ve had so many setbacks that I don’t want to build up hope only to have it disappear again, Jamile says.
**The Iranian Asylum Seeker Dilemma**
In 2023, most asylum cases handled by the Immigration Appeals Board (UNE) came from Iran, followed by Iraq and Afghanistan. Jon Ole Martinsen, an advisor at the Norwegian Organisation for Asylum Seekers (NOAS), believes many cases are mishandled by immigration authorities.
– We’re concerned that many Iranian asylum seekers who’ve been granted final rejection from UNE are at real risk of persecution if returned to Iran. This includes converts, political activists, and more.
UNE has received criticism for its handling of the Kudari case and others. Director Terje Østraat maintains they follow Iran’s situation closely and make individual assessments based on case specifics and updated land information.
Coming Out and Religion
After moving to Norway, Darya revealed she was a lesbian. In Iran, homosexuality is severely punished. She faced resistance from UNE, which questioned her sexual orientation.
– Even though I had a female partner for several years, UNE insisted it was unlikely I was a lesbian. It’s quite absurd, Darya says.
Only after Oslo District Court deemed Darya’s sexuality credible and granted her asylum was her application approved.
Advokat Felix Oliver Helle, who represents both Darya and Jamile, is critical of UNE’s initial disbelief in Darya’s sexual orientation.
Religious Persecution
Jamile, an Iranian-born woman who grew up in Tajikistan, faces deportation due to her religious beliefs. She is a member of the Bahá’í faith, a minority religion not recognized by the Iranian government.
Bahá’ís have faced increasing persecution in Iran in recent years. In November, the UN adopted a resolution expressing deep concern over the growing persecution of religious minorities, specifically Bahá’ís, in Iran.
Persecution of Bahá’ís in Iran
According to the UN, Bahá’ís in Iran face systematic harassment and discrimination, threats, attacks, mass arrests, and lengthy imprisonment. They also risk having their property destroyed or confiscated.
The government’s rhetoric encourages hatred and violence against religious minorities, the UN reports. Human Rights Watch reports that Iranian authorities deliberately deny Bahá’ís basic rights, such as access to education, work, and public services.
Numerous other reports document Bahá’í persecution in Iran.
Several countries have condemned Iran’s treatment of religious minorities.
Norwegian Authorities Unpersuaded
UNE maintains that Jamile’s fears of persecution are not well-founded and that she has not demonstrated strong humanitarian grounds for asylum. They also question the credibility of parts of her story.
Furthermore, UNE argues that the risk for most Bahá’ís is low and that arrests and imprisonment are not considered persecution according to the law. They suggest that the risk of discrimination and harassment is much higher than the relatively low risk of persecution.
UNE is exempt from confidentiality regarding Jamile and Darya’s cases. Nevertheless, they choose not to comment on ongoing cases.
– Our main task is to grant asylum to those who need it. UNE makes individual assessments in each case, based on the specifics of the case and updated land information and risk assessments. It ends with some Iranians being granted protection and others not, director Terje Østraat says.
UNE’s Stance on Bahá’ís
UNE director Terje Østraat clarifies their position on Bahá’ís: “Our assessment is that the situation for Bahá’ís, in general, is not severe enough to warrant asylum in Norway. We will elaborate on this in court and will not discuss the details publicly before the judicial process.
Bahá’ís are one of several religious minority groups in Iran that are seen as apostates from Islam. The Iranian government uses various methods to suppress Bahá’ís, including discrimination, marginalization, and in some cases, arrest and imprisonment. However, belonging to the Bahá’í faith alone is not sufficient to qualify for asylum in Norway.
Concerns Over Legal Process
Advokat Felix Oliver Helle, who has represented Darya and Jamile since 2020, criticizes the Norwegian authorities’ assessment of Bahá’í persecution, saying it contradicts expressions from the UN and the Norwegian Parliament.
Helle also raises concerns about the same UNE commissioner handling all of the mother and daughter’s appeals.
– In a case like this, where the court has found that this commissioner made errors in evaluating the women’s accounts, it is essential that the case be handled by a new commissioner to ensure the fairness of the process, Helle says.
NOAS also questions the Norwegian asylum system’s adherence to legal processes, arguing that asylum seekers rarely have the opportunity to present their case or respond to the appeal board’s findings. Martinsen believes that the threshold for oral hearings should be lowered and that asylum seekers should have better access to legal representation and the right to cross-examine witnesses.
Uncertain Future
While awaiting a new court hearing, Jamile tries to make the most of each day. As an undocumented immigrant, she cannot work or access public services, and her mental health is a struggle.
– Cycling has been really important for me to take care of my physical health, especially since my mental health is not good.
Darya is worried about her mother’s future if she is sent back to Iran.
– Mom and I only have each other. I can certainly try to bring her here, but that will take a long time. What will happen to mom in the meantime?
This article was published on December 23, 2024, at 22:13.
