– They have done nothing wrong. Then they won’t lose everything they’ve earned in Norway either, says associate attorney Anela Ferati. news has previously written about the Syrian couple Tamar Dankarian and Harout Jakarian who live in Bømlo in Vestland. They had to seek refuge in the local church to avoid being sent out of Norway. Now they are out of church asylum, but the future is still uncertain. Two years ago, the Norwegian Directorate of Immigration (UDI) discovered that in addition to their Syrian citizenships, they had Armenian citizenships. But the couple claim they did not know they had Armenian citizenship. This summer, the case was taken up in court in connection with a request for a temporary injunction, which they were granted. This means that they are allowed to stay in Norway until the validity of the decisions has been reviewed in the district court. It will be done in December. – We have hope, and we trust the system here in Norway, says Tamar Dankarian. May have to leave Norway and Schengen The fact that the couple did not inform the Norwegian authorities that they had Armenian citizenship is considered a gross violation of Section 63 of the Immigration Act, because it is seen as deliberate withholding of information. Therefore, it was decided in April 2023 that the couple’s residence permits will be revoked, and that they will be banned from the entire Schengen area for life. This means that they must leave their adult children who have Norwegian citizenship. The couple have two children together. They are adults now, but were minors when they came to Norway. They have Norwegian citizenship and are not sent out of the country. This picture is from when the family was in church asylum in May. Photo: Olav Røli – We are afraid. It is difficult. You don’t know what’s going on. You just know you haven’t done anything wrong. This is not just black and white, says Dankarian. In the district court’s proceedings on a temporary injunction, the court also had to decide whether the decision from the Immigration Board (UNE) could be wrong. – The court has, without any doubt, concluded that there is no general preponderance of probability that the married couple “against their better knowledge” failed to disclose their Armenian citizenships. The court therefore believes that the decisions of 28 April 2023 regarding the revocation of residence permits, deportation etc. are invalid, the judgment states. This is the case Tamar Dankarian is granted asylum together with her two minor children. Harout came to Norway after the rest of the family, and thus received asylum later than the others. Tamar gets a permanent residence permit three years after they arrived in Norway. Harout gets a permanent residence permit. Their children received Norwegian citizenship in September 2019. Tamar and Harout learned for the first time that the state wants to withdraw their residence permits and deport them when an advance warning came in 2021. The first decision on the revocation was made. This decision was appealed. After the decision was appealed, the family appeared at the Immigration Board to process the appeal. The final decision on deportation and revocation is sent out. It states that their permanent and temporary residence permits are to be revoked, as well as that the married couple is to be deported and a permanent entry ban imposed. In addition, they are registered in the Schengen Information System (SIS), which means that it is forbidden for them to travel back to the Schengen area as long as the entry ban applies. The case went to the Oslo district court in connection with a petition for an injunction. The injunction case involves getting permission to stay in Norway while waiting for the district court to later deal with the validity of the decision. The judgment from the Oslo district court says that the couple has been granted a temporary injunction, so that they can stay in Norway until the case is taken up in the district court again in December. In that case, the court also had to assess how likely it is that the decisions of the Immigration Service are wrong. The court came to the conclusion that they believe the couple, and that the decisions of UNE and UDI are invalid. Show more Taken up in court again – It’s very difficult for the family. First because it has taken a very long time. The children and we are very tired and tired now. It has almost been two and a half years now, says Dankarian. The Oslo district court will hear the case again in December. Then they must deal with the validity of the decisions. Associate attorney at Advokatfirmaet Sulland, Anela Ferati. Photo: Jørn Simen Aabøe After the case this summer, UNE decided not to change the decisions. It also means that the couple’s lack of knowledge is not a good enough reason. – Even if it is assumed that they did not know about the Armenian citizenships, and that they have done nothing wrong, UNE believes that their residence permits should still be revoked, says Ferati. The Oslo District Court will decide on the validity of the decision from 18 to 20 December. – Withholding important information in an application for a residence permit can lead to the residence permit being revoked and to you being deported. The rules regarding this follow from Section 63 and Section 66 of the Immigration Act, says Acting Head of Unit at UNE, Katrine Louise Johannesson in an e-mail to news. They do not want to answer questions regarding this specific case for the time being. – UNE has been subpoenaed in this case, and we are generally reticent to comment on cases that will go to court. This is because we do not want to pre-process in the media. We will explain in more detail what our decision is based on in the Oslo district court. Hi! Do you have input on the matter? Or do you have suggestions for what we at news Vestland should be making issues about? I’m a journalist in Bergen, and I welcome tips!
ttn-69
The Syrian couple Tamar and Harout will once again go to court against the Immigration Service – news Vestland
