The duty to return to Afghanistan, after receiving a rejection of application for a residence permit, has been temporarily suspended until September 15. This also means that the police will not carry out forcible returns to Afghanistan.
8.9.2021: The suspension of the duty to return has been prolonged to January 31st 2022. You can read the new statement here.
The Norwegian Immigration Appeals Board (UNE) has decided to temporarily suspend applicant’s duty to return to Afghanistan after receiving a rejection of their application for a residence permit. This is due to uncertainties about the further political developments and the security situation in Afghanistan. The conflict between the Taliban and Afghan authorities has recently escalated, and the situation is now very unpredictable.
To whom does this suspension apply?
The suspension of the duty to return means that, until further notice, applicants who have received a final decision to return to Afghanistan are not required to comply with the duty to return.
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. It is not necessary for these applicants to request that UNE reverse individual decisions, as UNE will put all relevant cases on hold until September 15.
UNE has about 150 cases pending with Afghan citizens. Of these, there are about 60 cases that may result in a duty to return, which have now been put on hold until further clarification in the security situation.
UNE is closely monitoring the situation
The suspension is set to September 15 because all foreign military forces are supposed to withdraw from Afghanistan before the end of August. UNE will continue to assess the situation and will make a new decision before September 15 to either lift or prolong the suspension.
The suspension does not apply to Dublin-cases
The suspension does not apply to persons covered by the Dublin-III Regulation, or the first asylum country rule. These applicants are still obliged to return to the first European country in which they launched their asylum application.
The National Police Immigration Service has been notified
UNE does not have a full overview of the total number of nationals from Afghanistan who are living in Norway without legal residence. The National Police Immigration Service has been notified that no persons in the above mentioned group are to be forcibly deported from Norway.