Section 126. Significance of fundamental national interests and foreign policy considerations in cases under the Immigration Act

Out of regard for fundamental national interests or foreign policy considerations, an administrative decision or other decision may be made to refuse a permit or right that could otherwise have been granted under the Act or regulations. Correspondingly, limitations or conditions may be imposed, or an administrative decision concerning rejection may be made.
Out of regard for fundamental national interests, an administrative decision may be made concerning expulsion or revocation of a granted permit or other rights.
No administrative decision concerning expulsion or revocation may be made under the second paragraph if, in view of the seriousness of the matter and the foreign national’s connection with the realm, it would be a disproportionate measure against the foreign national personally or against the closest family members. In cases concerning children, the best interests of the child shall be a fundamental consideration.
Out of regard for fundamental national interests or foreign policy considerations, a foreign national may be granted a residence permit for Norway, or another administrative decision or other decision may be made in favour of the foreign national.
In cases concerning protection under chapter 4 and protection against removal under chapter 9, the provisions of the said chapters take precedence over the provisions in the first and second paragraphs of this section. Protection against removal under section 73 first to third paragraphs, does not preclude the making of an administrative decision concerning expulsion out of regard for fundamental national interests, but the administrative decision may not be implemented until the grounds for non-refoulement no longer apply. No right to recognition as a refugee under section 28, first paragraph, (b), applies if there are grounds for expelling the foreign national out of regard for fundamental national interests.
In addition to entitlement to free legal advice without means testing under section 92, first and second paragraphs, free legal advice shall be given without means testing in connection with administrative proceedings before the Directorate of Immigration if
  1. a.
    the foreign national has applied for a residence permit under section 28 or has invoked protection against removal under section 73, and
  2. b.
    the case may involve foreign policy considerations or fundamental national interests.
The King may issue regulations containing further provisions, including on the effect of the procedural rules in chapter 11 of the Act and on exceptions to the right to free legal advice.