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Mustafa Hasan was granted an extension of the deadline for leaving Norway. Photo: Gabriel Aas Skålevik
It’s easy to feel sympathy for Mustafa Hasan. But that does not mean that you should be allowed to stay in Norway. There must be equality before the law, also in cases of asylum.
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Mustafa Hasan, 18, has been in Norway since 2008. He was six when he came here. Her mother was granted residency for her and her children, based on false information and documents. After four years, this was revealed and the residence permit for the whole family was revoked. Through their attorneys, the mother and children have had their cases tried, both through several rounds in the bureaucracy, and through two rounds in court.
The family lost for all reasons, both in the district court and in the court of appeal. They were also ordered to pay the costs. In the unanimous judgment of the Court of Appeals of 2017, there is no room for doubt. Mustafa Hasan has no right to stay. The decision that you should leave Norway is firm.
More complex
Both the aid apparatus, the politicians and the strong forces of the local community are now firmly committed to allowing him to remain in Norway. It is commendable that so many are involved in the destiny of one human being. It says many good things about our society that it is so. But individual cases cannot be decided on the basis of the enthusiasm of the enthusiasts. There can be no other rules for those who have a strong support system around them than for those who are alone.
SV’s Karin Andersen proposes stopping emails in cases like this Photo: Trond Solberg
In Hasan’s case, it is up to the mother to give false information to the Norwegian authorities that has led to the unfortunate situation in which he finds himself. Many will object that children should not pay for the sins of their parents. But poor decisions by parents can also affect their children, as we often see in these types of cases.
Anyone who reads the verdict of the Court of Appeals and the latest decision of the Board of Immigration Appeals will see that the case is more complex than one can imagine. Different considerations are opposed to each other. In principle, Hasan has no right to reside in Norway. He also has family in Jordan, including his father, brothers and other extended family members, who the Norwegian authorities believe can accept him.
Equality before the law
Strong human considerations may still indicate that it should be allowed to stay. The authorities have assessed this against similar cases and against current legislation and policy. They have not found space for Hasan to stay in Norway. Among other things, because there are many other cases in which asylum seekers have provided incorrect information about their origin and that of their families. The Norwegian authorities take these conditions very seriously, leaving even less room for discretion in individual cases.
In these difficult cases, we must adhere to some basic principles. Equality before the law. Equal treatment and predictability in the processing of cases. These are our best guidelines, in cases that have such great consequences for people’s lives.
