UNHCR intervention before the Supreme Court of Norway

UNHCR submitted a legal (amicus curiae) brief before the Supreme Court of Norway. The case concerns whether holding a residence permit in Norway can negate a “well-founded fear of being persecuted” under Article 1A(2) of the 1951 Refugee Convention.

In its submission, UNHCR recalled that refugee status is declaratory in nature and that the existence of a residence permit or legal stay in the host country does not affect the assessment of whether an applicant has a well-founded fear of persecution in their country of origin. UNHCR emphasized that national instructions or laws cannot override obligations under the 1951 Convention and that the determination of refugee status must focus solely on the risk upon return.

UNHCR intervened in the case pursuant to its supervisory responsibility under Article 35 of the 1951 Convention to assist the Court in ensuring a consistent interpretation of international refugee law in line with the Convention’s object and purpose – to safeguard effective protection for refugees.

Read the full submission here.