The Norwegian Immigration Appeals Board (UNE) and the Norwegian Directorate of Immigration (UDI) have decided to temporarily suspend applicants' duty to return to Sudan after receiving a rejection of their application for a residence permit. This is due to the recent conflict that broke out on April 15 between the Sudanese Armed Forcse (SFA), and the paramilitary group the Rapid Sudan Forces (RSF). The fighting is most intense in and around the capital Khartoum, but there are also reports of fighting in other parts of the country.
The general security situation in Sudan is now so uncertain that there is no basis for us to process cases involving Sudanese citizens where the result would involve return to Sudan.
UNEs cases from Sudan that may result in a duty to return will be put on hold for six months, from May 5, 2023. This means that we are not processing these cases at the moment.
In order for UNE to monitor the development of the conflict and to gain a necessary overview of the situation, the decision of suspension will last until November 3, 2023. UNE will reassess the return situation by November 3, and decide whether to lift or to prolong the suspension.
The suspension of the duty to return means that, until further notice, applicants who have received a final decision to return to Sudan are not required to comply with the decision to leave the country. The decision applies both to former asylum seekers and to persons who have a duty to return following the rejection of an application for residency pursuant to other parts of the regulatory framework.
UNE has 34 cases pending from Sudanese citizens. Approximately 17 of these may result in a duty to return, and are therefore put on hold during the same time period.
The suspension does not apply to persons covered by the Dublin-III Regulation, or the first asylum country rule. These applicants are still obliged to return to the first European country in which they launched their asylum application, where their application for protection will be considered.
The National Police Immigration Service (PU) has been notified that no persons who are covered by the suspension are to be deported from Norway. This means that the police will not carry out forcible returns to Sudan.
Read UNE's briefing here (external website)
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