New Legislation to Reduce the Inflow of Asylum Seekers in Norway ESPN Flash Report 2016/38 AXEL WEST PEDERSEN – EUROPEAN SOCIAL POLICY NETWORK JULY 2016
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New legislation to reduce the inflow of asylum seekers in Norway ESPN Flash Report 2016/38 AXEL WEST PEDERSEN – EUROPEAN SOCIAL POLICY NETWORK JULY 2016 Description In the autumn of 2015, Norway – like proposals to tighten immigration In June 2016 legislation. When explaining the reasons Norwegian other European countries – received a large influx of asylum seekers. Over a for the proposals, the Government Parliament short period, positive attitudes among a referred to the Parliamentary agreement discussed a majority of the political parties and the of November and to similar measures package of public towards receiving refugees from that were already adopted or underway proposals from the the Syrian civil war were replaced with in Denmark and Sweden. The document Government to limit scepticism and calls for measures to indicated a new feature of Norwegian the inflow of asylum reduce the inflow of asylum seekers. A asylum policy by underlining the need seekers. While particular source of concern for not only to be strict vis-à-vis false or some of the Norwegian policy makers was the unjustified applicants, but also to toughest measures opening of a new route for asylum redirect applicants with a legitimate need were rejected, a seekers passing through Russia to arrive for protection towards other asylum significant part of in the Northern region of Finnmark. For destinations in Europe (Høringsnotat av the package was 2015 as a whole the number of asylum 29. desember 2016). The proposals adopted with broad seekers to Norway reached 31,000 included inter alia a rather dramatic Parliamentary compared to a level of just above 10,000 tightening of the conditions for granting family reunification for all categories of support. In July the in the previous years (the total migrants including those acknowledged Government population in Norway is 5.2 million). as so-called “convention” refugees, a followed up by On November 19th 2015, a broad general tightening of conditions for launching new majority in Parliament (all parties except receiving permanent residence, and a proposals to limit the Socialist Left Party and the Green proposal to have the refugee status of the social security Party) signed an agreement asking the unaccompanied minors reconsidered rights of refugees. Government to develop concrete when they turn 18. Concerning the right proposals intended to limit the inflow of to family reunification, it was proposed asylum seekers. These consisted of both that any special treatment of recognised tightening the conditions for immigration refugees should be removed and to Norway and making sure that the replaced by a general requirement for social security rights applied to refugees four years of work or study before an would not make Norway a particularly application for family reunification can be attractive destination compared to the submitted. The Minister for Immigration neighbouring countries. and Integration, Sylvi Listhaug (Progress On December 29th 2015, the Party), argued when presenting the Government presented an audit document that the proposals would give LEGAL NOTICE document containing a long list of Norway the strictest asylum/immigration This document has been prepared for the European Commission. However, it reflects the views only of th th d th regime in Europe. the border to a Nordic country in other successful asylum applicants acute situations with a large and their families (Høringsnotat av The audit document was met with influx, a possibility to reject 4. juli 2016) heavy criticism from NGOs, applicants coming via Russia or a Statistics Norway, leading The main thrust of the proposals is Nordic country if they do not have researchers in the field and even to delay migrants’ access to a an appropriate visa, and a from state agencies like the number of social security benefits reduction in the time limits for Norwegian Directorate of (such as disability benefits) from appeal. Concerning conditions for Immigration (UDI) (see reference three to five years of residence and family reunification, a 24-year to the audit responses below). remove the existing preferential old-rule (for both partners) is Many of the critics, including UDI, treatment of recognised refugees introduced for newly wedded warned that some of the vis-à-vis other migrants and couples to settle together in proposals represented a violation Norwegian citizens returning from a Norway, and a new criterion of Norway’s international longer period of residence in concerning links to the country is obligations - in particular the 1951 another (non-EEA) country. It introduced as a precondition for Refugee Convention. Also the remains to be seen, however, refugees’ rights to family Labour Party and the two smaller whether all the proposals contained reunification. Concerning the right parties (the Christian People’s in the audit document will be to permanent residence, an Party and the Liberal Party), which adopted by Parliament. integration criterion is introduced do not participate in the requiring the applicant to have Government but form part of the supported himself/herself for at Further reading Government’s Parliamentary least 12 months prior to the Høringsnotat av 29. desember 2015 majority, voiced serious objections application and to have passed – Endringer i utlendinge- to some of the proposals. tests in Norwegian and knowledge lovgivningen (Innstramminger II) On April 5th 2016, the about Norwegian society. Asylum [Audit document of December 29th Government presented detailed seekers who are granted 2015 – Changes in the immigration formal proposals for legislative protection on the basis of legislation] changes to Parliament, in line with collective threats (e.g. civil war) https://www.regjeringen.no/no/dok the audit document (Prop. 90 L can only apply for permanent umenter/horing--endringer-i- (2015–2016)). The document residence after six years utlendingslovgivningen- repeated the proposals from the (previously four years). innstramninger-ii/id2469054/ audit document – even the most Prop. 90 L (2015–2016) Endringer i controversial measures concerning Outlook & utlendingelovgivningen [Legislative family reunification, permanent proposal - Changes in the residence, and unaccompanied Commentary immigration legislation] minors. The changes in the conditions for https://www.regjeringen.no/no/dok Attempts by the Prime Minister, being granted asylum and umenter/prop.-90-l- Erna Solberg, to negotiate a broad residence in Norway that were 20152016/id2481758/ compromise with the opposition finally passed by Parliament in Høringssvar – Endringer i failed due to resistance from the June 2016 were far less radical utlendingelovgivningen [Audit Government coalition party, The than those originally proposed by responses – Changes in the Progress Party, which insisted to the Government in late December immigration legislation] have Parliament vote on each of 2015. The implementation of all https://www.stortinget.no/no/Saker the individual proposals in the the original proposals would have -og- package in order to let the parties ranked Norway among the most publikasjoner/Vedtak/Beslutninger/L demonstrate their primary policy restrictive systems in Europe, but ovvedtak/2015-2016/vedtak- positions. The result was that the the failure to achieve sufficient 201516-102/ most controversial proposals were Parliamentary support for the voted down by Parliament in June. most controversial proposals Author means that the Norwegian regime Nevertheless, the package that Axel West Pedersen, Institute for will remain slightly more liberal was enacted does include a long Social Research list of measures to tighten the than its Danish and Swedish asylum regime and limit the right counterparts. to family reunification. Among In July, the Government has these three procedural measures launched a new audit document should be mentioned: the which contains a series of introduction of a temporary proposals to curtail the social possibility to reject applicants at security rights of refugees and The Flash Reports are produced by the European Social Policy Network (ESPN) established in 2014 to provide the European Commission with independent information, analysis and expertise on social policies. The topics presented in the Flash Reports are identified by ESPN experts in the light of significant developments in their countries, or in some cases suggested by the Commission. The ESPN is managed by LISER and APPLICA, with the support of OSE - European Social Observatory. For more information, please visit: http://ec.europa.eu/social/main.jsp?catId=1135&langId=en .