The Icelandic Asylum System

1. The Icelandic Asylum System

2. The Act on Foreigners • The Act on Foreigners contains conditions for receiving asylum and provides rules of procedure. • The Act on Foreigners contains specific rules of procedure for processing application and cases falling under the scope of the act.

3. The Administrative Procedures Act • The Administrative Procedures Act contains general rules on all administrative procedures. • For example it contains the principles of equality, prompt handling, investigation and the right to appeal. • The Act on Foreigners and other legislation regarding administrative procedures regarding migration must be read in conjunction with the Administrative Procedures Act.

4. The administrative authorities in the asylum procedure • The Icelandic Directorate of Immigration • First instance decisions in asylum cases • Decisions can be appealed to the Ministry of Interior • The welfare services. • The Police.

5. The Courts and administrative decisions • All administrative decisions can be subject to judicial review. • According to Article 60 of the Icelandic Constitution, judges settle all disputes regarding the competence of the authorities. No one seeking a ruling thereon can, however, temporarily evade obeying an order from the authorities by submitting the matter for a judicial decision. Furthermore it is stated in Article 70 of the Constitution that everyone shall, for the determination of his rights and obligations be entitled, following a fair trial and within a reasonable time, to the resolution of an independent and impartial court of law.

6. The Act on Foreigners and recent amendments • In the Fall of 2010 many amendments were made to the Act on Foreigners regarding asylum seekers and procedures. • The aim was to strengthen and clarify the situation of asylum seekers and refugees. • The amendments were made with due consideration of the relevant EU-legislation, the “minimum standards” directives.

7. Overview of legal provisions • Chapter VII of the Act on Foreigners No. 96/2002. • Article 12. j. (residence permit for refugees) of the Act on Foreigners. • Article 29 (investigative measures including detention) of the Act on Foreigners. • Article 32 (when a decision in asylum case can be carried out). • Article 34 (right to legal assistance) of the Act on Foreigners • Dublin and Eurodac regulations.

8. Definition of a refugee • Para 1, Article 44 of the Act on Foreigners • A refugee, according to this act, is a foreign person who is outside of his/her home country because of realistic fear of persecution due to race, religion, nationality, membership in certain national groups or because of political beliefs, and who is unable or does not want, due to such fear, to avail himself/herself of protection in said country; or a person without citizenship and who is outside of the country where he/she had regular residence because of such circumstances, and is unable or does not want, due to such fear, to return there, cf. the Convention relating to the Status of Refugees.

9. Definition of a refugee • Para 2, Article 44 of the Act on Foreigners • A foreigner is furthermore a refugee if it may be logically assumed that he/she faces the risk of capital punishment, torture or other inhumane or degrading treatment or penalty if returned to the home country. The same applies in the instance of an individual without citizenship. • It is not a condition that these circumstances existed when the applicant left his/her home country. An applicant who creates himself/herself circumstances outside of the home country with the purpose of obtaining protection may expect denial of his/her application.

10. Refugee - Subsidiary protection • Subsidiary protection has been incorporated into the definition of a refugee or person eligible for international protection • The main rights granted: • Residence permit for 4 years and travel documents. • Access to education and work. • Assistance provided from the welfare services. • Right to family reunification.

11. Principle of non-refoulement • Para 1, Article 45 of the Act on Foreigners. • Is a general rule and applies to all decisions made under the Act on foreigners. • Before the amendments this Article, as it is worded in the article, was the basics for granting subsidiary protection. Persons falling under this protection were issued humanitarian permits before the amendments to the Act on Foreigners.

12. Humanitarian permits • Article 12. f. of the Act on Foreigners. • If an applicant is denied protection then the administrative authority must examine whether the applicant is entitled to a humanitarian permit. • Reasons for granting can for example be; • rich need due to health issues. • difficult social situation of the applicant. • difficult general circumstances in home country.

13. Procedure – first steps • Articles 50. - 50. d. in the Act on Foreigners • Application submitted to the Police who contacts the Directorate of Immigration and the Icelandic Red cross. First statement taken by the Police but with a representative from the Directorate. The Police collects fingerprints and investigates travel routes. • The applicant has a right to have sufficient interpretation • The Directorate runs the Dublinet and if relevant sends out requests to other Member States. • If another MS acknowledges responsibility then the Directorate will make a written decision and inform the applicant of that decision in person.

14. Procedure – material process • If an application for asylum is processed on material grounds then the applicant is summoned for an interview at the Directorate of Immigration. • A special investigation rule in Para 3, Article 50. of the Act on Foreigners that emphasises the importance of the investigation. • Decisions rely on Country of Origin Information. • The applicant has a right to an interview with a spokesperson (lawyer) if he/she so wishes. • A decision is given in writing and with reasoning. • All decisions regarding asylum applicants are presented to the applicant by the Directorate with interpretation.

15. Procedure – special procedure • Article 50. d. of the Act on Foreigners. • Accelerated procedure if • The application is likely to be approved. • The application is manifestly unfounded. • Safe country of origin and safe third country. • Information given by the applicant is misleading or does not give occasion to consider him in need of protection. • Repeated application. • The application is submitted to delay a decision to leave the country. • Decisions can be made without an interview.

16. Right to legal assistance • Applicant has a right to an interview at the Directorate of Immigration with appointed spokesperson if he so wishes. • Under the appeal process all applicants are entitled to have a spokesperson appointed. • Spokespersons are lawyers.

17. Unaccompanied minors • Special rules apply to unaccompanied minors • Child welfare services are noted immediately and the minor’s reception conditions are decided by the child welfare services. • The minor is appointed a spokesperson. • The interview shall be conducted by a specially trained person.

18. Appeal procedure - Suspense effects • According to Article 32 of the Act on Foreigners, in a case concerning asylum or protection from persecution, a decision ordering the person in question to leave Iceland cannot be implemented until it is final. This shall however not apply to cases where the Directorate of Immigration deems obvious that such a situation does not apply, and in cases where the foreigner in question has an application for asylum pending in another state or if such an application has been denied there. • Failed applicant that wishes to bring his case to the courts can apply for suspense effects of his final decision to the Ministry of Interior.

19. Reception conditions • Article 47. b. of the Act on Foreigners • Access to adequate living standards, necessary health service and special consideration shall be given to those who need special care. • Access to education and job training. • Children have access to education. • Applicants are issued identification document. • All applicants are ensured housing and families get housing in accordance with their needs. • Applicants can apply for provisional work and residence permits (Article 12. g.).

20. Detention • Para 7, Article 29 of the Act on Foreigners • If a foreign national refuses to reveal his identity, or there is reason to suspect that the foreign national has given false information concerning his identity or if he exhibits conduct which indicates that he may be dangerous, he may be arrested and remanded in custody in accordance with the provisions of the Code of Criminal Procedure, as appropriate. Furthermore, the police may require him to report to them or to remain within a specified limited area.

21. Quota refugees in cooperation with UNHCR • Resettlement eligibility is guided by the following resettlement criteria: Legal or physical protection needs, refugee victims of torture and/or violence, women-at-risk and refugees without local integration prospects in the first country of asylum. In the recent years Icelandic government has focused on women-at-risk. • The Government of Iceland decides the allocation of the quota in close consultation with The Icelandic Refugee Committee, where representatives from the Ministry of Welfare, the Ministry of the Interior, the Ministry of Foreign Affairs as well as the Icelandic Red Cross, makes a proposal on the basis of the UNHCR assessment of overall resettlement needs. • The main ministry responsible for resettlement of quota refugees is the Ministry of Welfare which signs agreements in the beginning of each resettlement project with the local authority of the receiving municipality and the Icelandic Red Cross. These agreements stipulate the financial resources that municipalities and the Icelandic Red Cross receive from the Government for the settlement of quota refugees. The resources are used by the municipalities to finance most of the costs of the one year support programme. Besides the material support provided by the municipality, the local Red Cross provides ‘support family’ to assist the refugees in their daily life. These ‘support families’ are Red Cross volunteers who are specifically trained for this purpose and who provide individual support and follow-up to the refugee family members.

22. The Municipalities’ Social Services Act, No. 40/1991 • Article 15 • Foreign nationals who are not legally domiciled in Iceland shall, in particular circumstances, be granted financial assistance in Iceland. Assistance shall be granted by the municipality of residence following consultation with the Ministry of Welfare, the foreign national shall first have sought assistance from his home country. • The State Treasury shall reimburse the municipality the cost of assistance granted to foreign nationals in the following cases: • a. Assistance granted to foreign nationals who are not legally domiciled in Iceland, cf. paragraph 1. • b. Assistance granted to foreign nationals under Articles 12-13 of this Act when they have been domiciled in Iceland for less than two years.]

23. Dublin and Eurodac • Both of these Regulations have been implemented in Iceland. • Iceland has a long experience working with these regulations.

24. Statistics