Section 106. Arrest and detention

A foreign national may be arrested and detained if
  1. a.
    the foreign national is not cooperating on clarifying his or her identity in accordance with section 21 or section 83 of the Act, or there are specific grounds for suspecting that the foreign national has given a false identity,
  2. b.
    there are specific grounds for suspecting that the foreign national will evade implementation of an administrative decision requiring the foreign national to leave the realm. The foreign national may also be arrested and detained if there is a significant risk that the foreign national will evade implementation of an administrative decision providing for transfer of the foreign national to another European country in accordance with the Dublin cooperation; see section 32, fourth paragraph,
  3. c.
    the foreign national fails to comply with a duty to report or an order to stay in a specific place under section 105, first paragraph, (c), and the foreign national is involved in a case that is being processed and has not been finally decided, or the time limit for exit has not yet occurred,
  4. d.
    an administrative decision on expulsion has been made and the administrative decision is final or suspensive effect has not been granted in connection with appeal, see section 90, and measures are adopted in respect of the foreign national with a view to removal. It is a condition that the foreign national has been expelled on account of being sentenced to a penalty and that there is a risk, in view of the foreign national’s personal circumstances, that the foreign national will commit new criminal acts,
  5. e.
    the foreign national does not do what is necessary to fulfil his or her obligation to procure a valid travel document, and the purpose is to bring the foreign national to the foreign service mission of the country concerned so that he or she can be issued a travel document,
  6. f.
    the foreign national is in transit at a Norwegian airport, with a view to removal,
  7. g.
    the foreign national’s application for protection is most likely to be refused examined on its merits under section 32, first paragraph, (a) or (d), or fifth paragraph. This does not apply if the foreign national is a minor or has minor children who have also applied for protection, or
  8. h.
    the foreign national’s application for protection is deemed to be manifestly unfounded and will be processed within 48 hours. This does not apply if the foreign national is a minor or has minor children who have also applied for protection.
No decision to arrest or imprisonment shall be made if a duty to report or an order to have a specific place of residence will be sufficient; see section 105.
Arrest shall be decided by the chief of police or a person authorised by the chief of police. If delay is associated with risk, a police officer may make the arrest. If the police wish to detain the arrested person, they must, at the earliest opportunity and no later than the third day after arrest, bring him or her before the district court along with an application for detention. Sections 174 to 191 of the Criminal Procedure Act apply insofar as they are relevant. Detention under the first paragraph, (b) to (f), may be decided for a maximum of four weeks at a time.
If the arrested person is under the age of 18, he or she must be brought to court as soon as possible, and no later than the day after arrest. If the time limit falls on a public holiday or a day that is defined as a public holiday under legislation, the time limit is extended by one day.
The overall period of detention may not exceed 12 weeks unless particular reasons apply. Detention to facilitate preparation or implementation of removal may only exceed 12 weeks if the foreign national does not cooperate on the implementation of removal or there are delays in procuring the necessary documents from the authorities of another country. The period of detention may not exceed 18 months unless the foreign national has been expelled due to being sentenced to a penalty or special sanction. The period of arrest and detention under the first paragraph, (g), may not exceed seven days. The period of arrest and detention under the first paragraph, (h), may not exceed 72 hours.
When a foreign national has been imprisoned under the first paragraph, (b), second sentence, special time limits apply for implementation of Dublin procedures; see Article 28(3) of the Dublin III Regulation, see also section 32, fourth paragraph.