– My children ask every day if I’m going to be kicked out, says Sora. He talks about tough months for him and his family. In February, the final decision came from the Immigration Board (UNE), which said that the father of four should be thrown out after 20 years in Norway. This is even though he has primary custody of his four children. – But now I have a hope of staying, he says. He has gained new hope after the Labor Party decided at the national meeting that they want the children’s best interests to be safeguarded to a greater extent in cases like this. “In cases where parents are deported from Norway for breaking the Immigration Act, the Labor Party believes that there should be an increased use of alternative forms of sanctions to prevent children and parents from separating.” – I was very happy when I heard that, says Sora. Liban Wako Sora worked in Norway from 2004 to 2008. When he was refused a residence permit after four years, he was no longer allowed to work in the country. He has thus become the main carer for the children, while his wife studies and supports the family. Photo: Rosa Iren Villalobos / news Expects follow-up The Norwegian organization for asylum seekers (Noas) represents the family. The organization has tried several times to change the expulsion decision. – A unanimous national meeting says that one must consider other reactions than deportation in cases like this. If one does that, it means that Liban can be given permission to live in Norway. Senior adviser Jon Ole Martinsen at the Norwegian organization for asylum seekers. Photo: Andrea Kluge / news This is according to senior adviser at Noas, Jon Ole Martinsen. – What we hope for now is that Labor gets through these changes, and that while we wait for any regulatory changes, we put things on hold. The organization now expects the decision to be followed up by the Ministry of Justice. – Unfortunately, it is the case that UNE cannot do anything until the government actually asks them to put the cases on hold and change the regulations. Having said that, you will always be able to make an individual assessment, says Martinsen. In the decision of UNE it is stated that Liban Wako Sora is obliged to leave Norway immediately. This is based on the fact that Wako Sora has not met the departure deadline after his application for protection was rejected in 2008. As a result, he has stayed illegally in Norway for 15 years. Support from the local community The local community in Kopervik has rung the family after the news broke. A support group on Facebook to prevent the sending of Wako Sora currently has 2,100 members. Karmøy municipal council also wrote to UNE in March, asking them to change the decision. Helge Thorheim from Karmøylista then said that it was pointless to deport the father of four. – The matter has become a topic of discussion on Karmøy and this has occupied many people. There are people in general who find this hair-raising. The family is integrated into the local community, and we think it is wrong that he should be sent out. In addition, the entire Rogalands bench in the Storting has received an e-mail about the case. – The family and I are very grateful for all the support we have received recently, says Liban Wako Sora. – We must react to abuse Justice and Emergency Services Minister Emilie Enger Mehl (Sp) wrote in an e-mail to news that the government is working to assess how children’s rights can be strengthened. The report (external link) from the Baumann committee is highlighted as a good starting point for strengthening the rights. – It is still not relevant to introduce all measures in the working group report. The setting is on several points, and some of the proposals go too far considering that there are also other key considerations in a deportation case. Excerpt from the report from the Baumann committee The working group has assessed the threshold for deportation in cases involving children. In the report (08.02.2022), the Baumann committee gave a description of Norwegian and international regulations, and in addition administrative practice and court practice. The working group was also to give an assessment of whether there is a need for changes in rules or guidelines. The recommendation to the majority is that, as a starting point, deportation should only be chosen in the extraordinary cases, and not altogether if the child has strong interests in the parent being allowed to stay in the country. Joint proposal from the working group Some of the proposals from the working group are: For certain types of cases, as a general rule, there should be a requirement for additional time for a permanent residence permit instead of deportation, as the law now allows for. Give access to apply for a residence permit from abroad, instead of having to return and apply from your home country. Strengthen legal aid in deportation cases for breaches of the Immigration Act in cases involving children. Introduce the use of a standardized list of elements that describe the situation of the child, which can be included in advance notice of deportation. Further proposals from the majority in the working group Some of the proposals from the majority in the working group are: Introduce a new principle that foreigners with children in Norway should not, as a general rule, be deported for breaking the Immigration Act, but that instead a requirement for additional time for a permanent residence permit in such case. Make clear to children their rights to be heard during the proceedings. Source: The government She also writes that it is important for the government to ensure stability and predictability in immigration policy. – Norway must protect those who need it. In order to maintain trust in the asylum institute, we must also react to abuse. No basis for putting Jon Ole Martinsen on pause in Noa’s wish that cases like Liban’s should be put on hold, while waiting for any changes in the regulations. It probably won’t be like this, writes Mehl. Minister of Justice and Emergency Situations Emilie Enger Mehl. Photo: William Jobling / news – Although the ministry is now working on questions about developing regulations and practice, among other things based on the working group report, this does not provide a basis for putting the relevant cases aside. In line with the regulations laid down by the Storting, it is the administration and the courts that handle individual cases. – In the processing of the cases, both consideration for the child’s best interests and immigration regulatory consideration must be emphasized in accordance with current legislation and our obligations under international law. Actions taken by the government The government has taken the following steps to ensure fast and efficient case processing that safeguards legal certainty and avoids putting the lives of children and young people on hold: UDI must prioritize unaccompanied, minor asylum seekers at all stages of the case processing. A new state supervision scheme for the care of unaccompanied minors living in asylum reception centers has been established from 1 June 2022. Strengthened right to free legal advice in certain deportation cases involving children. UDI and UNE must show in their annual reports how they ensure that the child’s best interests are a fundamental concern in the treatment of all asylum cases involving children. Source: Ministry of Justice and Emergency Preparedness.
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New hope for father of four – actually going to be thrown out of Norway – news Rogaland – Local news, TV and radio
