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- Regjeringen vil i vår fremme et forslag for Stortinget om å redusere muligheten for å be om omgjøringsbegjæring for personer som allerede skulle reist hjem.
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Seven changes for a more secure asylum law institute
proceedings are over. Amnesty now.
Seven changes for a more secure asylum law institute
- The government will in our propose to Parliament to reduce the possibility of asking for commutation petition for people who were already gone home.
This said Justice Minister Grete Faremo to Class Struggle 23 April this year. Society of January 12 is skeptical restrictions on asylum seekers' opportunities to try their cases before we have strengthened the rule of law in proceedings in Immigration / UNE. A Review Norwegian recently done shows that 40% of asylum cases when the Oslo District Court prevails Whether a court judgment or by the Appeals Board did expulsion decision before the case went to judgment. Statistics from Bar Association's Action and Procedure Group shows that prevails in 71% of cases. UNE is not politically accountable, and neither the Justice Department nor the government takes responsibility for decisions made. Children Escape message is just one example of the creation of weak and general signals that the later are not taken political responsibility. We recall here that UNE is an independent, court-like administrative agency. So they are not part of the Norwegian legal system. We are experiencing a high degree of political exclusion in immigration matters, and now it is high time that the legal rights of people in this very vulnerable situation to be taken seriously and strengthened. , we have chosen to focus on seven points at this stage, without our further work is limited to these:
1 Improvement of the arrival process
Asylum seekers should have the date of writing about the asylum process in his country's main language. Not able to read an interpreter.
Torture injuries and other trauma, which may be significant in the case, must be documented by a doctor upon arrival.
Information provided on arrival should be given little weight. Asylum seekers are given the opportunity to correct information within one month, and before the asylum interview.
2 Improved case management
Norway will follow UNHCR's recommendations.
The asylum interview to be videotaped.
Interpreters must at least be Certified. Interpretation verified by spot checks.
The administration's assessment of the asylum applicant's documentation must be verifiable.
Gays and converts should not be returned to countries where they risk death for their sexual orientation or faith. Such cases should be decided in committee.
3 A more legal safeguards appeal process
Attorneys granted asylum must have expertise in immigration law and get paid for sufficient time.
The threshold for the use of the Committee shall be made low, and the assessment must be verifiable.
Appeals on the first reduction in UNE will be considered by a new Council and new Board chair / committee.
Processing capacity for rapid treatment of commutation petitions must be strengthened.
In cases where Landinfo representatives are part of the case management process should be given the opportunity and time to call in independent practice as solicitor to put forward alternative locale. Board Members must generally receive relevant country information at least two weeks in advance of Board meetings.
The organization of the complaint procedure should be evaluated in terms of better overall solutions.
4 Enhancing children's rights
The time has come to grant amnesty for the more than 600 long remaining children. They have no more childhood to negotiate with. Then the children's rights strengthened.
Asylum cases involving children, will generally be treated in committee
It must be drawn up new regulations which states that the best interests mainly go ahead immigration regulation.
Rejection must show what considerations are applied and how this consideration is weighted towards the child.
High expertise on children to be used in the proceedings.
Children should not be detained or interned.
UN Committee Against Torture and the Committee recommends that all other expedients should be tried first. If children are detained or interned, the process must be documented thoroughly. Children Professional competence should be provided. If the child can not be deported within 24 hours, the child, or the child with his family, could be brought back to the reception if they wish.
Caring for unaccompanied minor asylum seekers (EMA) between 15-18 years subject to child welfare services.
Return to internal displacement or "care bases" in the country should be avoided unless the UN discourages this.
5 Right to health and work
Paperless shall be entitled to regular preventive and therapeutic health care in primary care and specialist, like Norway's remaining population
Asylum seekers who have actively contributed to disclose their identity, to have a work permit while waiting for the decision. The rejection remains the permit until departure.
6 Stricter control of detention and imprisonment
Medical and psychological services at Trandum Immigration Detention shall be subject to the public health, and thus also have extraordinary public supervision
The use of solitary confinement should only be undertaken with the approval of a physician or psychologist. The consideration of the applicant's health should weigh heaviest.
Trandum Immigration Detention is a prison, and will eventually be transferred to the regular prison system.
7 Monitoring of the situation after return (monitoring)
Immigration authorities must ensure independent monitoring of forced return to the country risk. A new independent body consisting of expert country expertise and close contact with relevant NGOs to determine which lands should include this.
The negotiations are over. Amnesty now.
Association of January 12 believe that it should be granted amnesty for the more than 600 asylum while remaining children. The decision of the Labour Party's National Congress to await the outcome of a future evaluation leaves again a complete uncertainty about what the result is for the kids and expose enough once we resolve their situation in the country they regard as their homeland. This is unacceptable for the children concerned, and therefore it is necessary to have an amnesty now.
21st April, there have been over asylum children's fate in the Labour Party congress. The result of the vote was unfortunately no victory for the rule of law to the long remaining children, or humanity. The kids are probably once thrown back to the management, and in turn the legal system in the few cases where they are able to lift their case. Few have the necessary economic or support networks to implement this.
What we can track the progress of the decision made, a formulation which shows that Labor will in future be able to work with a change of regulation that clarifies the threshold for when the child must be able to trump immigration regulation. This assumes that the Immigration Appeals Board (UNE) its internal evaluation, the White Paper on Children Escape (BPF) does not have the effect it was intended to have, without it being made clear what is considered "sufficient change". This process will take time, and it is quite uncertain what it will bring changes for the benefit of the children.
In January this year was presented to figures from the Ministry of Justice claiming that 40% of the cases involving children, as long as the current BPF was voted through had been upheld. These were, in reality, about 23 cases of which 14 were rejected. We do not know if the 9 cases that prevailed was converted for the sake of the child, or if any of them were granted due recognition of parental protection needs. Among these rejections, we find several of the most long remaining children. If this is symptomatic of what the Justice Department and the AP centrally considering that "a change as intended" looks bleak for an appreciation of humane treatment in this important area.
We expect a very thorough political and more rigorous monitoring of UNE's evaluation process in the future. figures are used as the basis of management must be transparent and easy to measure.
Only the last few weeks the Association of January 12 found that several of the children who have lived in refugee reception centers in Norway in tens and eleven years acute threatened with deportation. This shows that the BPF in reality does not work the way it was indicated that it would work.
The Supreme Court in December 2012 sent the case back to the politicians, and UNE has on several occasions expressed that the message is a weak source of law. Decisions on commutation petitions shows that the best still trump of immigration regulation despite the fact that children are both born and raised in the country. We note that currently work against those who need to protected.
We express appreciation to the AUF and some county branches of the Labour as before the congress has fought a knowledge-based and strong struggle to raise the legal rights of this vulnerable group of children. Unfortunately still run the Labour Party congress from its responsibility and has not used the opportunity to formulate the threshold to go for when and which immigration control considerations must give way to the child.
A possible rule or regulation change will not be ready until the election, and decisions should be made by those who are in a position now. Children have waited long enough and paid dearly for too many compromises of coalition parties. The price they charge is their childhood .
Association of January 12 believes that the time has come to grant amnesty for the more than 600 long remaining children. they have no more childhood to negotiate with . Subsequent to receive it become a political task to determine what is adequate change of practice to ensure a humane and legal protection treatment of children in the future. The debate about regulatory changes can then spend the necessary time with the children lose more of their childhood.
Board, the Association of January 12
21 April 2013
Must say goodbye to family
Eve magazine, 23 April 2013
- This is very difficult. I do not know what to do.
The words belong Magomed Gezmakhmajev from Chechnya. Long has he fought for his wife Dina Vagapova and son Muslim (6) shall remain in Norway with Magomed, daughter Jasmina (3), Grandma and Aunt Liza Gezmakhmajev Ajshat Gezmakhmajev.
In 2009, Dina's mother and her three daughters. All these were granted residence on humanitarian grounds, except Dina and their son who had barely filled one year. Authorities believed that the situation in Chechnya was not serious enough for her. Moreover, she had the opportunity to settle in another place in Russia, said the final rejection.
http://us6.campaign-archive2.com/?u=159c3eef5d98929558ed8d21a&id=eb7740f5c6
