2. Opphold på humanitært grunnlag (sterke menneskelige hensyn)
Nemndmøte
Unaccompanied asylum seeking children
Opphold på humanitært grunnlag (sterke menneskelige hensyn)
Presentation 21th June 2018
Siril Berglund, advisor

3. NOAS Norwegian Organisation for Asylum Seekers
Founded by Annette Thommessen in 1984
Independent membership organization
Working for an asylum policy based on humanism, rule of law and international obligations

4. Asylum process
Information and counseling for newly arrived asylum seekers
Legal aid
Advocacy

5. UASC Legal guardian is assigned on arrival
Lawyer is assigned on arrival
Not the case with accompanied minors

6. Legal Guardians Protect the child’s interests
Present at meetings with immigration and lawyers
Ensure they are provided with sufficient care
Do not themselves provide care
Research:
Inconsistent quality of standard
Need for evaluation

7. Types of decision Refugee status Humanitarian grounds
Individual grounds as per the Refugee Convention
ECHR article 3 – prohibiting torture etc.
Considered subsidiary protection in EU legal terms and not refugee status as Norway defines it
Humanitarian grounds
Health
Attachment to Norway («long-staying» children)
Lack of sufficient care (UASC)

8. Recent changes to the immigration law
Removing the «reasonable»-criteria when assessing the internal flight alternative
Consequence: more refugees are found to be excepted from refugee status because they can find protection elsewhere in the country
UASC = particularly affected by this
Instead many receive leave until 18, rather than «ordinary» leave to remain (HG)
Adults receive «ordinary» leave (HG) – not age limited like UASC

9. UASC- Lack of sufficient care in COO
Under the age of 16 – point of decision
Granted an «ordinary» leave to remain
If lacks identity documents, granted leave with limited rights  issues
16-17
Main rule: leave to remain until 18
In some cases, can be granted «ordinary» leave to remain

10. First instance decisions 2017
Refugee status (individual grounds)
202 UASC
Afghanistan, Syria, Eritrea and Somalia
Refugee status (security situation)
54 UASC
Afghanistan
Humanitarian grounds (lack of sucificient care)
141 UASC
Discretionary leave to remain until 18
361 UASC

11. Care arrangements Differentiates between 0-14 and 15-17
0-14: under the care of social services
15-17: reception centre for UASC
Different standards and quality of care, which illegitimately discriminates (NHRI)
The Ombudsman for Children in Norway notes that the standards set for reception centres in relation to staffing, expertise, inspections and complaints mechanisms are far less stringent than those governing child welfare institutions.1

12. Recent research - UASC Missing children
369 disappeared jan 2016-april 2018
2016: 143
2017: 194
Mental health issues due to DLR
Legal guardians
Lawyers lack child competency

13. Children’s rights in the Nordics
Report from UNICEF (English)