Section 78. Forms of decision, etc. by the Immigration Appeals Board
A board chair and two board members shall participate in each case; see however the second and third paragraphs. One board member shall be drawn from among the persons appointed based on the recommendations of the Ministry with primary responsibility for the immigration administration, the Ministry of Foreign Affairs and the Norwegian Association of Lawyers. The other board member shall be drawn from among the persons appointed based on the recommendations of humanitarian organisations. Each appeal board hearing may deal with several cases.When cases are considered by an expanded board, three board chairs and four board members participate. Two of the board members shall be drawn from among the persons appointed based on the recommendations of the Ministry with primary responsibility for the immigration administration, the Ministry of Foreign Affairs and the Norwegian Association of Lawyers. The other two shall be drawn from among the persons appointed based on the recommendations of humanitarian organisations. The board chairs participate in, and one of them chairs, the expanded board in accordance with a set arrangement. The members and deputy members are appointed by the Ministry for four years. The King may issue provisions on what cases shall be heard by the expanded board, and on authority to decide whether a case referred to the expanded board for consideration shall be admitted for consideration.Cases that do not raise material questions of doubt may be decided by a single board chair. In such cases, the Immigration Appeals Board may also delegate power to make an administrative decision to the secretariat. Cases which may be decided by a single board chair include appeals where the conditions for reversing the administrative decision of the Directorate of Immigration are manifestly satisfied, and appeals which must be deemed to be unfounded. The same applies to a request for reversal of an administrative decision made by the Immigration Appeals Board when there is no reason to presume that the board will amend the administrative decision.If the Immigration Appeals Board considers that a request for reversal of an individual administrative decision will manifestly not succeed, the board shall not give an individualised statement of reasons in its reply. This does not apply if there are particular grounds for giving an individualised statement of reasons.The Immigration Appeals Board shall itself determine the form of decision, except in cases considered under the second paragraph. Cases considered under the first or second paragraph shall be decided by majority administrative decision.A foreign national may be given the right to attend in person and make a statement in a case considered under the first or second paragraph. This right shall as a general rule be granted in asylum cases. The foreign national’s lawyer or other representative of the foreign national may attend together with the foreign national. Other persons may also be given the right to attend and to make a statement.Chapters IV to VI of the Public Administration Act on case preparation, administrative decisions and appeal do not apply to decisions concerning the form of decision and personal attendance.The King may issue provisions on the board’s procedures and on the detailed consideration of cases and choice of decision form, including what are to be deemed material questions of doubt under the third paragraph. The King may issue regulations containing further provisions on requirements regarding the form of requests for reversal, and on rejection of reversal requests that do not comply with such form requirements. The King may also issue further provisions on rejection of reversal requests from foreign nationals with no known place of residence.
