soon two weeks ago, Farida-the case in the Oslo district court. Farida and her family had won over the state in the three courts, but the defendant State after that they got a new rejection from the Immigration appeals board (UNE) in may this year.
today, dropped the sentence:
the State is cleared, which means that the decision of the appeals board are valid.
"In brief, the court agrees with the state that when the father came to us, could the mother and Farida safely be referred to internflukt in Kabul, as you wrote in one of your things. The security situation in Jaghuri is not essential," writes the Government's lawyer, Jenny Sandvig, in an email to Dagbladet.Equal treatment
- UNE states that the court concludes that the Une decision is valid. Mother and daughter got to stay in Norway because they were single. When his father appeared, could the family, as other afghan families in the same situation, please refer to the internflukt in Kabul. It is the court agrees, " says Ingunn-Sofie Aursnes, director of the Norwegian Immigration appeals board, to the Newspaper.
the Security situation has been debated in the case. UNE believes that the situation in Jaghuri is not essential, because the family is referred to internflukt in Kabul.
Here are the different opinions about the security situation, and there are cases where we find that it is not safe for certain people to return. But in this case, we believe it is safe for this little family to stay in Kabul, " she says.
It was Støttegruppa for Farida who sued the Immigration appeals board (UNE) in June after the decision on that Farida and the family do not get to get back to Norway.
- This case has received very much support, while other, similar cases do not get any support. This with the equal treatment comes in here, says Aursnes.
UNE has had several cases of afghan mothers who come with children and get to stay because they do not have a male person in the family. Then comes the father, spouse or partner, and then shall terminate the permit because the foundation no longer exists.
" We've had several cases where the father or partner shows up and the families traveling back. They must then from a likebehandlingshensyn, unless it is absolutely unusual circumstances in the family that work in, are treated in the same way.Disappointed in the dom
the Family's lawyer, Arild Humlen, believes the judgment is in violation of the UN agency UNHCR when it comes to the termination of refugee status.
- the UNCHR is of the opinion that if it will be appropriate to consider internflukt upon termination, it must be elevated thresholds that otherwise apply to the termination of refugee status. Here is the judgment in violation of the UNHCR and in my opinion wrong, according to Humlen.
He further opines that the court has used strict bevisterskel.
- In the sentence on page 16, last paragraph, it appears that the court cannot conclude that it is sufficiently stable and safe in Kabul on vedtakstidspunktet. When should the ruling establish that the decision is invalid, believe Humlen.
Humlen also refers to the next page of the decision, which he believes the court concludes that there is doubt about the security situation in Kabul is within the framework of internflukt.
- the Doubt shall in such case go out of the state and not the bride. When should the decision here been known to be invalid, said Humlen.
He further opines that the child's best interests-assessment are not considered enough.- Hold out, Farida
Støttegruppa to Farida from Dokka sat on the first row in the Oslo district court, and said they are "of good courage".
the Week has gone well. UNE lack clear argument because they repeat it ad nauseam throughout the week, " says Britt Karin Rotmo, the deputy head of the støttegruppa.
the Family have all the time in contact with Farida and her parents in Kabul and has asked them "to keep out, and that they all have done their best and that they have faith that everything is going to go well".
"We have great confidence that judge, and will be surprised if not the verdict goes in their favor," says Merethe Meadow Enerstvedt in støttegruppa.
So, it was not.