Section 90. Implementation of administrative decisions

An administrative decision to reject or expel a foreign national who does not hold a residence permit or a right of residence under chapter 13, or a Nordic national who has not resided in the realm for more than three months, may be implemented immediately. An administrative decision to reject or expel a foreign national who holds a residence permit under section 111 of the Act may be implemented immediately.

An administrative decision to reject an application for a first-time residence permit, or an application to renew a residence permit submitted after the expiry of the time limit in section 61, sixth paragraph, may be implemented before the administrative decision is final, provided that the foreign national has been given an opportunity to lodge an appeal. Such an administrative decision may be implemented no earlier than 48 hours after notification of the administrative decision reaches the foreign national. If the Directorate of Immigration regards the application as manifestly unfounded, the administrative decision may nevertheless be implemented as soon as the time limit for requesting suspensive effect has expired and the Directorate has made a decision on the request.

An administrative decision to refuse an application examined on its merits under section 32, first paragraph, (a), (c) and (d), and fifth paragraph, may be implemented immediately. If it is not clear that the application should be refused examined on its merits under the mentioned provisions, the foreign national shall be given a time limit for requesting suspensive effect, and the administrative decision may not be implemented until the time limit has expired or the Directorate of Immigration has made a decision on the request. If the application has been refused examined on its merits under section 32, first paragraph, (b), see also the fourth paragraph, and the foreign national has requested suspensive effect, the administrative decision may not be implemented until the Immigration Appeals Board has decided on the request or considered the appeal against the administrative decision.

An administrative decision to reject an application for renewal of a residence permit or for a permanent residence permit submitted before the expiry of the time limit in section 61, sixth paragraph, may not be implemented until it is final. The same applies to an administrative decision to revoke a permit under section 63 and an administrative decision to expel a foreign national who holds a residence permit or a Nordic national who has resided in the realm for more than three months. If it is most probable that the foreign national will commit a criminal act against or harass another person, or otherwise seriously violate another person's peace, the administrative decision may be implemented at an earlier point in time than specified in the first and second sentences.

If a foreign national claims a right to protection, see section 28, or otherwise provides information indicating that protection against removal under section 73 will apply, an administrative decision may only be implemented before it is final provided

a.
the application for residence has been refused examined on its merits under section 32,
b.
the applicant has previously had an application for asylum rejected in another country, or
c.
the conditions for residence under sections 28 or 73 are manifestly not met.

An administrative decision entailing that a foreign national must leave the realm shall be implemented by ordering the foreign national to leave within a set time limit. The time limit shall be set at between seven and thirty days. If deemed necessary, a longer time limit may be set. A shorter time limit than seven days may be set, or a time limit may be dispensed with, if

a.
there is a risk of absconding; see section 106 a,
b.
an application has been rejected as manifestly unfounded or as a result of materially incorrect or manifestly misleading information,
c.
the foreign national is found to pose a threat to public order,
d.
the foreign national falls within the scope of section 32,
e.
the foreign national is rejected or expelled at the outer borders of the Schengen area, or
f.
the foreign national is expelled under section 66, first paragraph, (b), (c), (e) or second paragraph, or sections 67 or 68.

If such an order as mentioned in the fifth paragraph is not complied with, no exit time limit has been set, or there are specific reasons for suspecting that the foreign national will not leave the realm by the expiry of the time limit, the police may escort the foreign national out. When indicated by particular grounds, the foreign national may be escorted to a country other than the one from which he or she came. Foreign nationals without a valid travel document have an obligation to obtain such a document. Decisions regarding implementation shall not be regarded as individual administrative decisions; see section 2, first paragraph, (b), of the Public Administration Act.

Forced removal of an unaccompanied minor may only occur to a family member, an appointed guardian or another appropriate care arrangement. The King may issue regulations containing further provisions.

The King may issue regulations containing further provisions on the setting of a time limit for return and the introduction of a system for monitoring forced returns.

Where the Immigration Appeals Board has made an administrative decision which requires a foreign national to leave the realm, it may instruct the police to defer implementation. The Directorate of Immigration may instruct the police to defer implementation if such an administrative decision has been made by the Directorate. The Immigration Appeals Board may instruct the police to defer implementation of an administrative decision made by the Directorate in the Board’s field of expertise if the administrative decision provides that the foreign national must leave the realm. The Ministry may instruct the Directorate of Immigration and the Immigration Appeals Board to defer implementation of a specific type of administrative decision providing that a foreign national must leave the realm, pending amendments to law or regulations.

Where a foreign national invokes circumstances as mentioned in section 28 at the time of implementation of an administrative decision providing that the foreign national must leave the realm, and it is not apparent that the circumstances invoked have already been taken into consideration, the police shall refer the question of suspensive effect to the authority that has made the administrative decision.