the thing about Mahad Adib Mahamud (30), who loses citizenship after having lived 17 years in Norway, has created a fierce debate.
READ ALSO: Grew up in Hedmark: Mahad (30) loses the citizenship after 17 years
Now says jussprofessor Mads Andenæs to TV 2 that he believes the decision against Mahamud is invalid. Andenæs refers to the european convention no. 66 article seven, which was taken up in English law in 2009. Where is it that citizenship can be taken away by “fraudulent conduct, false information or concealment of relevant facts regarding the applicant”.
- The relationship we see in this case, as explained by innvandringsministeren, is not enough to even consider to break the convention, ” says Andenæs.
– the rule of law not met
On behalf of innvandringsminister Sylvi Listhaug, the UDI now through a number of old cases in order to uncover the people who lied about their identity when they applied for asylum in Norway.
UDI believes Mahamud lied about where he came from when he arrived in Norway as a 14-year-old. Despite the fact that Mahamud has documents showing that he comes from Somalia, believes the UDI he comes from the neighbouring Djibouti. The authorities in Djibouti denies it, and Mahamud must, therefore, live as stateless.
Mahamud, who works as a bioingeniør by Ullevål hospital and has family in Norway, is now taking the matter to court in February.
– the rule of law my have not been met in this case, ” says Mahamud to the Newspaper.
He gets the support from Karin Andersen (SV), which has prepared a proposal that will ensure a rettssikker process of revocation of citizenship. The proposal gets the support from the Left, the Labour party, the MDGS and the centre party.
– Mahamuds the rule of law are not met when this was settled by an administrative decision, and it is he himself who must take the matter to court. The case should have been heard in court in initially – with full rights as parties, believes Andersen.
– Difficult to prove
Norway is now the only european country that actively go into the old cases to uncover the lie and withdraw the citizenship, and according to TV 2 is working the UDI now to deprive hundreds of people the citizenship.
Immigration and integreringsminister Sylvi Listhaug believe this should help to deter other asylum seekers from making the same, and send out signals that the Norwegian authorities do not want to provide if you as the applicant has been granted on false premises.
Jussprofessor Andenæs believes should have a different goal than to score political points, and believes that the authorities lack sufficient evidence in the case against Mahamud.
– For the first so is the burden of proof on the authorities. It is very difficult to lead evidence of a 17-year-old case. From what I understand, they are far away to be able to lead sufficient evidence. Second, you have to take pro-rata considerations. He has family and a job in Norway, something that must weigh heavily, and that makes the decision is grossly unreasonable, ” says Andenæs to TV 2.
the Justice department says they cannot comment on Mahamuds specific case, but write to TV 2 that it is not a violation of the convention to revoke a citizenship granted on improper grounds, even if the person becomes stateless.
Fire: – Illegal
Lawyer the Fire, according to the government violates the law by depriving Mahad Abib Mahamud (30) his Norwegian citizenship.
– It’s safe international law that it is illegal to make someone stateless. Norway only allows one citizenship, and if he had another for 17 years ago, he was obliged to enter it when he got the Norwegian citizenship, says the Fire to the VG.
– Here, it is also not something another country who claims he is their citizen. Then Norway should have better things to do than to challenge international law by attacking a clever engineer, ” he says further.
According to the class struggle will Utlendingsnemndas lawyer in the court lay emphasis on Mahamuds language skills and interviews of family and ekskone, which they believe weakens the Mahamuds explanation.
Listhaug: – Reasonable and fair
Listhaug has even commented on the matter on his Facebook page, where she among other things writes the following:
“It is not so that people are deprived of citizenship without proof. It is also so that they can take the case further, both the appeals board and the courts. TV2 ‘ what about those who are deprived of citizenship have nothing they should say. It is good rule of law in the current system.”
</p><p><strong>READ: <a href=”http://bed.api.no/api/acpece5/v1/document/5-69-354719″ id=”_a74c6cf5-3388-4657-b14d-c2b52d628ee1″>Grew up in Hedmark: Mahad (30) loses the citizenship after 17 years</a></strong></p>