The state won over Mahad Abib Mahamud in his case about citizenship. The biomedical laboratory scientist , however, promises to fight on.
The verdict from the Oslo District Court supported UNE and the Immigration Directorate (UDI)and fully upheld the argument that it is likely that Mahamud is from Djibouti and not of Somalia, as he claims to be.
“After this review it must be concluded that there is evidence of a clear likelihood that Mahad made incorrect statements about his identity and nationality,” said the ruling.
Crown Evidence to be checked
The verdict will be appealed, warns Mahamud and his lawyer Arild Humlen. They will include checking one of the prosecution’s crown evidences regarding a man in Djibouti that Mahamud claims to be a business partner and not his brother.
Just before the District Court’s verdict, UNE presented the much-publicized passport evidence, which they believe belongs Mahamud’s brother.
– The Norwegian government has been to Djibouti and obtained the passport, but not even been in contact with this person to actually check whether it is correct that it is Mahad brother, says lawyer Arild Humlen.
He describes it as “a significant weakness for the entire evidence process” and is already in the process obtaining more information about the alleged brother. If necessary, DNA samples will also be taken .
– We believe to be able to prove that this is a completely different person without any relationship to Mahad, who has a separate family and his own siblings in Djibouti, said the lawyer.
– If this evidence proves to be incorrect, the Norwegian authorities must make a new assessment, he said.
Both Humlen and Mahamud are surprised and very disappointed by the verdict.
– It’s hard to be labeled a liar, says Mahamud, who is also incurring legal costs of almost 137,000 kroner.
– I feel that the verdict is unfair. I thought any doubt should go in favor of the defendant, but here it has gone in the opposite direction, he says.
The biomedical laboratory scientist raised the lawsuit against UNE to regain the citizenship he was stripped of last year after 16 years in Norway, after authorities received a tip that he had provided false nationality.
He still believes that he will succeed.
– I’m not sure how the future will be, but I hope common sense will prevail. I hope that I can at least get a work permit, Mahad told reporters Monday.
UNE: Practice of legislation
The UNE director Ingunn-Sofie Aursnes believes the verdict against Mahamud is thorough and in line with previous practice.
– The practice that UDI and UNE follow, is directed by legislation. Thus those who disagree with him being expelled and his loss of citizenship must direct this criticism at the lawmakers, she said to TV 2.
SV Karin Andersen believes there should be a time limit in such cases.
– Losing your citizenship is one of the most severe reactions you can receive. Even for serious crimes there are various reasonable mitigating terms, and so it must be in these matters as well, she says to NRK.
Important to react
According to the judgment, there are several things that cast doubt on the correctness of Mahamud history, including disparity between explanations he had given in asylum interviews and his explanation about the trip to Norway in 2000, and the fact that he was very good in French, the sole official language in Djibouti.
The judgment states that it is important to react in such cases.
“It is important to be able to react with expulsion because the system must largely be based on confidence that the Immigration Act is followed by those it applies to. Violations of this hampers the government’s enforcement of Norwegian immigration policy and undermine respect for the rules of law” , the verdict states.
Judgment also casts doubt on Mahamud age:
“Mahamud has consistently stated that there is one year between him and his brother. His brother is according to his Djiboutian passport and his Djiboutian ID card listed with date of birth as 06/08/1979, making it likely that Mahamud was not born in 1986 which he has claimed, but in 1980-1981.”
Source: NTB scanpix / Norway Today