Frp tops call for change regarding criminal asylum seekers

Listhaug Kallmyr Criminal asylum seekersProgress Party tops, Sylvi Listhaug & Jøtan Kallmyr, calls for changes to the rules for criminal asylum seeksers. Photo: Progress Party / NTM.

Frp tops wish to change the rules for criminal asylum seekers in Norway

Jøran Kallmyr and Sylvi Listhaug (Progress Party, Frp), want rule changes for asylum seekers who may have committed serious crime but are in limbo. That is, asylum seekers who have not been convicted and cannot be evicted under Norwegian law.

“There are fake asylum seekers coming to Norway who may have been behind terror, murder, rape or other criminal acts. They come here to avoid being held accountable in their home country. Our problem is that we are often unable to convict them or send them back to their home country because they risk the death penalty,” Deputy Leader of the Progress Party, Sylvi Listhaug, tells VG.

The Norwegian Minister of Justice, Jøran Kallmyr, tells the newspaper that there, in 2017, were 47 cases against persons who were not entitled to asylum, but who get to stay because they cannot be returned to their home country. The reason is that they risk the death penalty and/or inhumane treatment (torture) upon return.

See below for the refoulment rules.

European cooperation

The Progress party tops write, in a chronicle in the same newspaper, that they want to cooperate across European borders to avoid asylum seekers evading responsibility for criminal acts.

“Many European countries are in the same situation. We want to have a dialogue to assess whether we can take the initiative to [establishing] an international criminal court, preferably under the auspices of the UN. A court that can take responsibility for obtaining evidence and convict these criminals,” Listhaug opinionates.

The Progress party tops do not yet have an answer as to where they might serve, other than that they envision that systems can be established where they do not serve in Norway. Ergo in a third country, such as in, for example, Asia or Africa.

“There is no reason why terrorists should serve and stay in Norway, or elsewhere in Europe, just because they managed to get here,” Kallmyr assessed. He adds that many persons come to Norway under an assumed identity and/or with fake documents.

Refoulment rules of the Norwegian Foreigner Act

§ 73. Absolute protection against eviction

A foreign national cannot be sent to an area where he or she would be in a situation as mentioned in § 28, first paragraph, letter a, unless:

  1. the alien is excluded from protection under section 31, or
  2. the foreigner is reasonably regarded as a danger to the security of the kingdom or has received a final judgment for a particularly serious crime and therefore constitutes a danger to Norwegian society.

A foreign national cannot be sent to an area where he or she would be in a situation as mentioned in § 28, first paragraph, letter b.

The protection under the first and second paragraphs also applies to expulsion to an area where the person would not be safe from being transferred to such area as mentioned in § 28, first paragraph.

The protection provided for in the first to third paragraphs applies to all types of decisions under the Act. The protection against eviction does not, however, preclude decisions on expulsion pursuant to section 66, first paragraph, letter g, § 67, first paragraph, letter e or § 68, first paragraph, letter d, but the decision cannot be implemented until the basis for the protection against expulsion has lapsed.

§ 74. Residence permit for a foreigner who has protected against expulsion pursuant to § 73 as their sole basis for stay.

A foreign national who has protected against expulsion under § 73 as their sole basis for residence in the realm may be granted a temporary residence permit until the obstacle to expulsion lapses. It can also be stipulated that the permit should not give the right to work. A residence permit under this section does not entitle you to visit other Schengen countries. The King may issue further rules in regulations, including on the duration and renewal of permits under this section.

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