UNE has begun to receive appeal cases from the UDI for processing. Most of the cases are ordinary asylum cases where UNE considers whether there are individual reasons why the asylum seeker is at risk of persecution upon return. Some cases concern collective protection.
The Immigration Appeals Board (UNE) is an autonomous and court-like body that processes appeal against rejections made by the UDI. We can only be governed by law and regulations, and we cannot be instructed in individual cases. We will review the case and make an independent assessment. We may, for example, rely on other sources of country information. All our decisions, including decisions concerning Ukraine, must be in accordance with national laws and in line with Norway's international obligations.
The appeals UNE has received from Ukrainian applicants are both regular asylum cases and cases of collective protection. Collective protection means that protection is granted to people in a mass refugee situation based on a group assessment and not on an individual assessment as is usually done in asylum cases. Collective protection is granted pursuant to Section 34 of the Immigration Act (lovdata.no) , while protection in regular asylum cases is granted pursuant to Section 28 of the Immigration Act (lovdata.no) .
Most of the cases UNE has received are ordinary asylum cases. In these cases, Ukrainians have not received collective protection, and the UDI has rejected the application for individual protection. These appeal cases are processed by UNE according to the same regulations as for asylum seekers from other countries.
You can read more about the rules for obtaining protection on individual grounds on our case type page for asylum cases.
The collective protection appeals concern Ukrainians who have previously received collective protection but have been refused when they applied to renew their permit. If they are finally refused collective protection by UNE, the case will be processed individually. The UDI will then be informed that they will assess whether there are individual reasons why the person is at risk of persecution upon return to Ukraine.
UNE currently has a little over 100 asylum cases under consideration. The majority concern ordinary asylum cases and not cases of collective protection. There is great variation in who the cases concern. For example, there are both families, single men and single women.
In addition to the applicants’ statements, we always consider whether the area they come from is so dangerous that they need protection. We call this an assessment of the security situation. Both international case law and decisions made by several of UNE’s Grand Boards show that there is a high threshold for granting a permit on the basis of the security situation in a country.
In order to grant a permit on this basis, the general level of violence must be so high that any person will face a real danger simply by being in the area. The European Court of Human Rights (ECtHR) has stated several times that this is only relevant in extremely violent and turbulent situations.
In each case we consider if we agree with the UDI's assessment of whether it is safe where you come from. We base this assessment on updated country information from various sources. We closely monitor the security situation in Ukraine. An important source of country information is the Norwegian Country of Origin Information Centre (Landinfo). Their reports are based on a wide range of sources. The reports on the situation in Ukraine can be found on a separate page on Landinfo's website.
Even if it is unsafe where you come from, UNE will in all asylum cases consider whether there are other safe areas in your home country where you can live, also called the internal flight alternative. If there are other safe areas where you can live, there is reason to reject the case.
You can read more about the internal flight alternative under the section "These rules apply to asylum" on this page.
UNE has so far decided few cases.
Immigration Act Section 34 on collective protection.
Also read the information on the case type page about asylum.
Here you will find general information for Ukrainians in Norway from the UDI: Information for people fleeing the war in Ukraine - UDI (udi.no).