The Immigration Appeals Board (Une) has decided not to appeal the verdict from the Oslo District Court in Mustafa Hasan’s case.
Une’s reason for not appealing the verdict is that “it is very specifically reasoned and because new information emerged during the trial about Hasan’s situation”.
Thus, Une will reconsider the case when the judgment from the Oslo District Court is final.
This is stated by department manager Terje Østraat in Une.
– It’s like I’re floating
When Mustafa Hasan (18) gets the news of Une’s decision, he is at Bjørnholt school in Oslo. There he has told 10th graders about his story during the seminar Oslo World.
– I felt that my phone rang and rang, so I realized that there had to be something. When I finished, my lawyer called. It was a very emotional conversation.
Hasan says that all his life he has felt that he has some weights with extra kilos on his body.
– Now I have no weights hanging on my body anymore. It’s like I’m floating, he says.
For several years, Hasan has lived with a threat that he must leave Norway. The family lost their temporary residence permit because the mother did not provide correct information when they came to Norway. Hasan has now lived in Norway for over 12 years.
His lawyer, Nicolai Skjerdal, appreciates Une’s message.
– We are naturally happy to drop an appeal process. The case will now be re-examined. We will provide input on the occasion of a new assessment in Une.
– I assume that there will be tribunal proceedings, says Skjerdal and adds:
– This is a case which in my opinion is suitable for consideration in the grand committee.
District Court: Invalid decision on eviction
This case has created a great deal of popular involvement and received a lot of attention in the media. The law firm Fend sued the Immigration Appeals Board (Une) to have the decision on eviction revoked.
The verdict was handed down in dissent. Oslo District Court believes that Une’s decision on eviction is invalid.
The state at Une was ordered to pay legal costs of NOK 1.6 million.
The district court believes that the 18-year-old is dependent on safe and stable adult contact: “He cannot be expected to receive such support in Jordan. His network and affiliation is in Norway. “
The majority of the court believes that Une has not taken into account the existence of strong human considerations. The judgment states that Mustafa Hasan’s many years of residence and connection to Norway have not been sufficiently assessed and taken into account in the assessment of residence on humanitarian grounds.
Furthermore, the court has assumed that he has always attended Norwegian schools and is well integrated with Norwegian friends and hobbies. The ruling points out that 12 years in Norway “coincides with the time when the identity development of a child is shaped, and connection to countries, languages and social networks takes shape”.
The court believes that it must be regarded as a procedural error that led to him not being granted residence on humanitarian grounds.
The court’s minority of one judge held that there was no error in Une’s decision and subsequent decision which could lead to invalidity.
This judge agreed with Une that there are no strong human considerations that meet the conditions for residence according to the Immigration Act section 38. In addition, immigration regulatory considerations should, depending on the circumstances, be decisive with regard to enforcement of the asylum institution. The minority believes that Une has not taken sufficient account of Hasan’s period of residence and connection to Norway, but that this may not have been decisive for the outcome.
Une: The district court gave support on several points
Terje Østraat in Une points out that the district court also supported Une on several important points. He points out that the district court agreed that Mustafa Hasan should be treated as an adult after he turned 18, and that the question of revocation has been validly clarified.
– The district court also essentially agreed with Une’s understanding of the law. Allowing the district court’s judgment to become final does not therefore have significance for other cases, says Terje Østraat.
– Une will relate to the verdict when we make a new decision.
He points out that the majority of the district court came to the conclusion that there were shortcomings in Une’s previous decision which made it invalid. But the court has not ruled on whether Mustafa Hasan will be allowed to stay in Norway or not.
The support group cheers
Hasan’s support group has been relieved.
– I’m so happy on Mustafa’s behalf. Now I hope that the case is considered in the grand committee and that the outcome will be that Mustafa gets peace and stays in Norway. This is where he belongs, says leader Julia Shirazi.
She has followed the family for many years and is married to Hasan’s big brother.
– Now we have got wind in the sails twice, she says and points out that they were upheld in the district court and that Une does not appeal the verdict.
– But we must be aware that this is not over until it is over, she says.
This is exactly what the main character knows – even though he is now relieved and happy. Hasan is concerned that this case is not just about him.
– Now I will fight for everyone else who is in the same situation as me. Now I want the whole of Norway to support them as much as Norway has supported me in the last year.