Procedimiento de evaluación nivel 2

Section 17-2 Asylum interview

Unless the applicant is rejected and sent to a first asylum country participating in cooperation under the Dublin Agreement, see section 7-3, an asylum interview shall be conducted as soon as possible. Asylum seekers aged 18 and over shall be interviewed singly. The applicant's spouse or cohabitant should as a general rule be interviewed, even if the person concerned is not applying for protection.

The interview shall be arranged in such a way as to ensure that the case is elucidated as well as possible. The Directorate of Immigration shall clarify whether the applicant, on the basis of the circumstances underlying the asylum application or of his/her life situation, has particular needs in the interview situation. Women shall be asked if they wish the interviewer and interpreter to be women. Such wishes, and other special needs, shall be complied with as far as is practically possible.

Unless the applicant and the person who is to conduct the interview can communicate properly in a common language, an interpreter shall be summoned. The applicant shall be informed of the interpreter's role during the asylum interview and that the interpreter is bound to confidentiality under section 13 et seq. of the Public Administration Act. It shall also be made clear that violation of the obligation of confidentiality may entail criminal liability under section 121 of the General Civil Penal Code.

Before the interview starts, the applicant shall be urged to explain him/herself honestly and fully and be made aware that incorrect information or non-disclosure of matters of material significance will be given weight in the decision. Further, it shall be made clear that providing substantially incorrect or obviously misleading information entails criminal liability, see section 108, first paragraph (c), of the Act. The applicant shall be made aware that the

information given during the interview will form the basis for the decision on the application, together with other relevant information in the case.

The applicant shall be given the opportunity to make a statement in his/her own words. The interviewer shall as far as possible clarify contradictory information.

A sound recording may be made of interviews with the asylum seeker. The asylum seeker shall be informed of the making of any such recording.

Section 17-3 Interviewing children

Children who have reached the age of seven, and younger children who are able to form their own point of view, shall be informed and given the opportunity to be heard before a decision is made in cases concerning them under the Immigration Act.

A child may be interviewed orally or in writing or through his/her parents, guardian or others who are able to make a statement on behalf of the child. How the child is to be interviewed must be assessed in light of the nature of the case and the application situation. The

Directorate of Immigration will make supplementary guidelines on how the child's right to be heard shall be implemented, duly adapted to the various types of case and application

situation.

The child‟s views shall be given weight in accordance with the child‟s age and maturity. Section 17-4 Interviewing children in asylum cases

The overall life situation of accompanying children shall be clarified during the interview with the parents.

In asylum cases an interview shall be conducted with accompanying children over the age of seven, unless the child him/herself is against it, or it is considered to be obviously

unnecessary. A separate interview may be conducted with children under the age of seven who are able to form their own points of view, and who shall be given the opportunity to be heard under section 17-3. The object of the interview shall be to elucidate the child‟s situation and clarify whether the child may have an independent basis for asylum.

An asylum seeker under the age of 18 who has come to the realm without parents or others who exercise parental responsibility shall always have a provisional guardian (‘hjelpeverge’), or other representative with power of attorney, present during the interview. The interview shall as far as possible be conducted within 14 days after the application was submitted, unless an age examination is needed in order to clarify the applicant‟s age.

Information given by the child during the interview under the second or third paragraph shall be taken down in writing.

The Directorate of Immigration will establish further guidelines to ensure that the child‟s interests and needs are attended to in the interview, and may also establish further guidelines for when it is to be considered obviously unnecessary to conduct an interview under the second paragraph.

Section 17-5 Offer of interview with children in family immigration cases

Unless it is considered to be obviously unnecessary, the offer of an interview shall as a

general rule be made to children over the age of seven in family immigration cases relating to (a) children applying on their own,

(b) children applying for reunification with one parent, (c) foster children,

(d) unaccompanied minors with refugee status in Norway, and

(e) children with a residence permit under section 38, first paragraph, of the Act, if the question has arisen of granting a residence permit to either or both parents under section 49, first paragraph, of the Act.

The information given by the child during the interview shall be taken down in writing. The Directorate of Immigration will establish further guidelines to ensure that the child‟s interests and needs are attended to in the interview, and may also establish further guidelines for when it is to be considered obviously unnecessary to make the offer of an interview. Section 17-6 Obligation to notify the child welfare service

If, in the consideration of cases involving children, information comes to light giving reason to believe that a child is being mistreated or exposed to other forms of serious neglect, or if the child has shown persistent serious behavioural problems, the immigration authorities and staff at the asylum reception centre are under obligation to pass the information to the

municipal child welfare service notwithstanding the obligation of confidentiality, see the Child Welfare Act, section 6-4, second paragraph.

Section 83 of the Act The foreign national’s obligation to appear and to provide