The court of appeal has rejected the State appeal in the Farida case about the 11-year-old and her family sent back to Afghanistan in 2015.
Thus, the verdict of the District Court states that the Immigration Service’s (UNE) decision to withdraw their residence permit and asylum status was invalid.
The Directorate of Immigration believed that returning to Kabul could no longer be adviced against after the father was reunited with the rest of his family, something the UNE supported.
This decision was declared invalid by the District Court, and this judgment is now pending a decision by the Borgarting Court of Appeal.
– The Court of Appeal has ruled that the Immigration Appeals decision on withdrawal of asylum status and residence permit for an Afghan woman and her daughter is invalid.
The Immigration Directorate had not considered whether there had been a significant and stable change in all relevant circumstances as justified by the original permit, Borgarting Court of Appeal has advised.
Want the family to come to Norway
The family’s lawyer, Vera Vikki, told NRK that the family was very happy when she told them about the verdict, but is somewhat reticent. “They repeatedly asked if it really was true,” said Vera Vikki to the channel.
UNE has not decided whether or not to appeal.
“We just received the verdict and now need time to read it carefully. It is too early to decide on the appeal issue, writes the department head of UNE, Katinka Kaupang to NRK.
If UNE appeals, Ms Vikki says that she will demand that the family can live in Norway whilst a possible appeal is being processed.
Farida and her mother came to Norway in 2011, and the following year the father arrived.
The mother claims that she escaped because she was being forced to be marry another man, but the Immigration Commission (UNE) believes she lied about her background.
The family finally had their application for residency rejected in January this year, and were forced to return to Afghanistan in February Farida (9) and her mother had lived then for just under four years in Norway.
Since the return of the family, Farida’s school class and the community at Dokka in Oppland have worked to collect money for the trial and to send money to the family who lives at a secret address in Kabul.
© NTB Scanpix / Norway Today