A v. Public Prosecuting Authority (Norwegian Organisation for Asylum Seekers intervening)

Abstract

Treaties — Interpretation — Convention relating to the Status of Refugees, 1951 — Article 31(1) — Appellant entering Norway illegally — Whether appellant protected by Article 31 — Whether appellant presenting himself without delay to authorities and showing good cause for illegal entry or presence — Meaning of “without delay” — Accuracy of translation of term into Norwegian — Object and purpose of provision and Refugee Convention — Relevance of refugee’s circumstances and perception of circumstances — Whether Court of Appeal’s interpretation of term correct — Whether appellant should be acquitted

Relationship of international law and municipal law — Treaties — Interpretation — Convention relating to the Status of Refugees, 1951 — Article 31(1) — Appellant entering Norway illegally — Appellant contravening Section 182 of General Civil Penal Code — Section 1(2) of Code — Norwegian law subject to limitations derived from agreements with foreign States or international law — Article 31(1) of Refugee Convention prohibiting penalties on refugees in country of refuge unlawfully if they present without delay to authorities and show good cause for illegal entry — Interpretation of “without delay” — Whether appellant meeting conditions for protection under Article 31(1) — Whether appellant presenting himself without delay to authorities — Interpretation of “without delay” — Case-by-case interpretation — 1999 UNHCR guidelines — Article 93(1) of Immigration Act — Whether Court of Appeal’s interpretation of term correct — Whether appellant should be acquitted

Aliens — Refugees — Convention relating to the Status of Refugees, 1951 — Article 31(1) — Interpretation — Appellant entering Norway illegally — Whether appellant protected by Article 31 — Whether appellant presenting himself without delay to authorities and showing good cause for illegal entry or presence — Meaning of “without delay” — Whether Court of Appeal’s interpretation of term correct — Whether appellant should be acquitted — The law of Norway