The information on this page will be up to date at all times, which means that any and all guidelines from UNE to the National Police Immigration Service (NPIS) in relation to the implementation of negative decisions will be published on this page.
When the duty to return is temporarily suspended for a defined and limited group, it is called a 'suspension of the duty to return'. One example is if events in an appellant's country of origin indicate that new information should be obtained or that restraint should be shown pending developments. A suspension of the duty to return will then apply regardless of whether a request for reversal has been submitted following a previous rejection, meaning that it covers more factors than just the question of whether to grant deferred implementation in connection with the consideration of submitted requests for reversal.
When UNE refrains from making a decision in a defined and limited type of cases, it is called to 'put on hold'. A case can be put on hold pending new or updated information, or because the Government has issued instructions to that effect because it is considering whether to make changes to rules that may have a bearing on this type of cases.
People who are not obliged to return voluntarily will not be forcibly returned. The opposite is not always true, however, because it may be inadvisable to implement forced returns even if the duty to return voluntarily has not been suspended.
The Norwegian Immigration Appeals Board (UNE) has from 18.10. 2023 to 17.04. 2024 decided to temporarily suspend applicants' duty to return to Gaza after receiving a rejection of their application for a residence permit.
The decision applies both to former asylum seekers and to persons who have a duty to return following the rejection of an application for residence pursuant to other parts of the regulatory framework. You can read the statement here.
With effect from May 15, 2023, the Government has instructed the UDI, POD and UNE to put cases on hold where certain types of family members of EEA nationals in Norway have applied for either:
- Residence card
- Permanent residence certificate or permanent residence card
- To preserve the right of residence in Norway
The family members this applies to are those mentioned in section 19-7 of the Immigrant Regulation. We can still process cases where the current conditions are clearly met, or where there is clear abuse of the EEA rules. The instruction apply to cases we have started processing as well as future cases.
UNE decided on February 24, 2022 to temporarily suspend applicants' duty to return to Ukraine after receiving a rejection of their application for a residence permit. The decision applies both to former asylum seekers and to persons who have a duty to return following the rejection of an application for residency pursuant to other parts of the regulatory framework. You can read the statement here.
The suspension of the duty to return, and the pause in processing cases from Ukraine, applies until further notice. UNE will closely monitor the development of the conflict and gather as much updated and reliable information on the situation in the country as possible.
Residence permit for employees at embassies/consular services:
On October 15 2020 the Ministry of Justice and Public Security instructed UDI and UNE to suspend decisions concerning local employees at embassies who apply for a residence permit as a skilled worker. You can read the instruction on the Norwegian Government website (external link in Norwegian only).
The instruction to suspend such cases is due to a decision made by UNEs Grand Board in July 2020 (in Norwegian only). The Ministry of Justice and Public Security has put these cases on hold in order to clarify and adjust the law.
Libya (suspension of returns to other parts of Libya except Tripoli)
The suspension of return applies to all parts of Libya, except Tripoli. The suspension of the duty to return for persons from Tripoli in Libya was reversed on September 15, 2015; read the statement here. This means that all persons who have previously received, or who from now on receive a final decision requiring them to return to Tripoli are obliged to leave Norway. The police can resume the implementation of forced returns to Tripoli.
On April 15, 2015 UNE decided to suspend the duty to return to Yemen. This was due to the escalating conflict in the country (read the statement here (in Norwegian only) Since the conflict in Yemen has not ceased, UNE uphold the decision to suspend the duty to return. The decision applies both to persons who have previously applied for asylum and to persons who are obliged to return after having received a rejection of an application for residence pursuant to other parts of the regulations.
On April 28, 2011 UNE decided to suspend the duty to return for nationals of Syria.
Since the conflict in Syria has not ceased, UNE uphold the decision to suspend the duty to return. This means that citizens of Syria who have received a final decision from UNE are not obliged to return to Syria. The decision applies both to former asylum seekers and to persons who have a duty to return following the rejection of an application for residency pursuant to other parts of the regulatory framework.