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COMPLAINT: Mustafa Hasan, 18, is suing the Board of Immigration Appeals because he is being expelled from Norway. Photo: Terje Bendiksby
The Fend law firm has filed a lawsuit against the Board of Immigration Appeals (UNE) on behalf of Mustafa Hasan. They demand that the expulsion decision against them be annulled.
Differential treatment between Mustafa and his one-year-old brother, Abdel, is the background to the subpoena, the brothers’ lawyer, Nicolai Skjerdal, tells NTB.
– It is incomprehensible and unreasonable, he says.
Various social workers
The siblings came to Norway from Jordan in 2008 together with their mother and two other siblings and received a temporary residence permit. However, after four years, he was removed because his mother, originally a Palestinian but married in Jordan, had declared that she came from Palestine. Both she and two older brothers were sent out of the country.
On March 20, 2019, Mustafa was denied his request to remain in the UDI. In January of the following year, Abdel was granted residency.
The two had different social workers, Skjerdal says.
Mustafa Hasan appealed the denial to the Board of Immigration Appeals (UNE), which upheld the decision. In the lawsuit, he and Fend demand that the Oslo District Court declare the UNE’s decision null and void.
Decisive membership
– Abdel’s connection with Norway was decisive for the decision to grant him residency. It makes everything even more incomprehensible. UNE’s rejection is poorly illustrated. They claim that the cases are not identical, and they are. It is very unsatisfactory and impossible to understand. The two brothers have been here the same time, says Skjerdal.
In addition, it notes that Mustafa’s appeal has been decided by a single chairman of the board and that therefore the board does not have a quorum.
– It is a decisive processing error, believes the lawyer, who requests that a new assessment be made in an ordinary council of three members, or in a so-called great council of seven members.
Term extended
Mustafa, who is in his final year of upper secondary school, had a deadline to leave Norway on December 28, but last week the deadline was extended to January 18.
Skjerdal is now asking the Oslo District Court to grant him the right to stay in the country while the lawsuit is ongoing.
