CIRCULAR UDI 2003-031 OPA

Case number: 03/10946

Oslo, 08.10.2003

TO:Chiefs of Police

Foreign Service Missions

GUIDELINES FOR DNA ANALYSIS IN CONNECTION WITH APPLICATION FOR A RESIDENCE PERMIT FOR THE PURPOSE OF FAMILY REUNIFICATION

0.CONTENTS

I.INTRODUCTION

II.SELECTION

III.PLAN FOR THE PERFORMANCE OF DNA ANALYSIS IN RELATION TO EACH INDIVIDUAL CASE:

A.The steps of the case

B.If the Directorate has decided that a DNA analysis shall be offered:

C.Tasks of the embassy upon notice from the Directorate that a DNA analysis shall be offered:

D.Tasks of the police upon notice from the Directorate that a DNA analysis shall be offered:

E.Tasks of the testing laboratory

F.The Directorate of Immigration’s processing of an application following the result of the DNA analysis:

I.INTRODUCTION

This circular replaces the earlier RS 02-81, which is hereby revoked and should be shredded.

The Directorate of Immigration has decided to expand the application of the DNA testing scheme to include more groups.

In most family reunification applications the consanguinity can be confirmed by written documentation, for instance a birth certificate.However, the immigration authorities note that applicants from some countries have serious difficulties in obtaining reliable written documentation concerning family relationships.

The immigration authorities spend considerable time on establishing family relationships in applications for family reunification.There is a danger that the authorities may turn down applications where the stated consanguinities are actually correct, or may grant permits where the stated consanguinities are incorrect. This is borne out by experience gained from the pilot project for DNA testing, in which the Directorate of Immigration offered DNA tests to Somali nationals from the autumn of 2000 to the autumn of 2001.

Following the assessment of the pilot project it has now been decided to expand the offer of DNA testing to include additional nationalities and embassies.The Directorate of Immigration is now considering which embassies should be included in the scheme, and the inclusion of any additional embassies will be made in consultation with the Ministry of Foreign Affairs and the embassies themselves.

II.SELECTION

DNA testing can be offered to applicants of all nationalities when the application is submitted through an embassy that is operative for DNA testing, or through the police in Norway, cf. Annex 1.

The testing shall be carried out under the auspices of the Norwegian embassies as mentioned in Annex 2.

The Directorate can offer DNA testing to applicants submitting an application for a permit to reunite with a relative in Norway.Most of those to be offered DNA testing will be persons citing a parent/child relationship; however, other kinds of consanguinity may also be confirmed by a DNA analysis.

Upon an assessment of each application, the immigration authorities will decide whether to offer DNA testing in the case concerned.As a general rule, DNA analysis will be offered in cases where the other requirements for family reunification are met, but where the immigration authorities doubt whether the family relationships stated are correct.Doubt may be considered to exist, inter alia, if the application contains insufficient or contradictory information, or if the Directorate finds it cannot attach decisive importance to enclosed certificates.

The decision whether or not to offer DNA analysis to an applicant is not an individual decision[1] and cannot be appealed against.

III. COVERAGE OF EXPENSES:

The immigration authorities will cover the expenses related to the taking of test samples (that is, equipment, shipping of the samples) and the analysis of the samples.Any travel expenses for the applicant and reference person are not covered.The immigration authorities cover expenses only for DNA tests that have been initiated by the Directorate of Immigration.

When the Directorate of Immigration takes the initiative to a DNA test, the applicant and the reference person will be summoned by the police or by the embassy to appear for the taking of test samples.

III.PLAN FOR THE PERFORMANCE OF DNA ANALYSIS IN RELATION TO EACH INDIVIDUAL CASE:

A.The steps of the case

  1. The application for family reunification is submitted by the applicant and prepared by the embassy according to the normal procedure.
  2. The embassy informs the applicant that Norwegian authorities can offer a DNA analysis if the authorities believe there is doubt as to the correctness of the stated family relationships.
  3. The application is forwarded as usual to the Directorate of Immigration for processing.
  4. Through the police the Directorate of Immigration obtains an interview of the person with whom the applicant wants family reunification in Norway, hereinafter called the “reference person”. The police inform the reference person of the possibility that Norwegian authorities may offer a DNA analysis if there is doubt as to the correctness of the stated family relationships.
  5. The Directorate of Immigration assesses the case according to the normal procedure.If the other requirements for obtaining a permit are met, and there is doubt as to the stated family relationships, a DNA test can be offered.It is up to the Directorate of Immigration to decide whether a DNA analysis shall be offered to the applicant and the reference person.

B.If the Directorate has decided that a DNA analysis shall be offered:

  1. The Directorate notifies the embassy where the application was submitted that the applicant shall be summoned and be offered a DNA analysis.
  2. The Directorate sends a corresponding notice to the police that the reference person shall be summoned and be offered to participate in a DNA analysis.The reference person is asked to inform the applicant to contact the Foreign Service mission to get an appointment for the collection of samples.
  3. Simultaneously, the Directorate informs the laboratory that is to perform the analysis that a DNA analysis has been offered in case no. X, involving a total of N family members. The laboratory registers the persons from whom samples can be expected.

C.Tasks of the embassy upon notice from the Directorate that a DNA analysis shall be offered:

  1. The embassy summons the applicant to appear at the stipulated date.The person concerned should be informed of what he or she is summoned to.
  2. When the applicant comes to the appointment, the embassy shall inform him or her about the offer of a DNA analysis, that a sample must be collected from the applicant, the answers that a DNA analysis will provide and that the results of the DNA analysis will be taken into consideration in the ensuing processing of the application.The applicant also receives written information about DNA testing if an information pamphlet has not already been given to the applicant.
  3. After the embassy has verified that the applicant understands what it entails to consent to a DNA analysis, the applicant shall sign a declaration of consent.
  4. The embassy takes 2 photographs of the applicant (alternatively, the applicant may submit 2 recent passport photographs of him- or herself).
  5. A DNA sample is to be collected under the supervision of an embassy representative.A label with the applicant’s name, date of birth and electronic registration number is attached to the sample.
  6. One of the photographs is attached to the consent form, together with the date on which the sample was collected, the applicant’s name, date of birth and electronic registration number, name and date of birth of the reference person residing in Norway, and the signature of the embassy representative.
  7. The second photo is archived together with the embassy’s copy of the application for the purpose of identification if an emergency passport and visa are later to be issued.
  8. The labelled sample, the form with the photograph and the declaration of consent are put in a separate packing unit, which then is sealed. A label with the applicant’s name, date of birth and electronic registration number is attached to the sealed envelope. This operation must be completed before the next sample is collected, to prevent mistakes. The embassy records which persons appeared for the taking of samples and from which persons samples were collected.
  9. If samples are collected from several members of the same family, then steps 3 – 8 are repeated for each family member.When samples have been collected from all the family members, the labelled and sealed envelopes shall be placed in a single large collection envelope. The collection envelope is sealed and equipped with a label with the main reference number and, as the case may be, a label with the name and electronic registration number for each person that has contributed a sample.
  10. The sample(s) is (are) packed and sent to the laboratory that is to perform the analysis.The embassies are requested to ship samples by DHL or a similar courier company.A list of persons that have contributed samples is sent to the UDI by mail.
  11. A representative of the embassy or the Directorate of Immigration must be present during all processes in connection with the identification of the applicant, taking of samples, sealing and dispatching of the sample.The applicant must not at any moment be left alone with the sample.If situations arise that may entail any doubt as to the origin of the sample, a new sample must be collected.If the embassy cannot carry out the collection of the sample(s) in accordance with the guidelines, it must postpone the collection of samples until the necessary equipment has been procured.

If the applicant fails to appear for the appointment with the embassy, a new attempt to summon the applicant shall be made.If the applicant also fails to appear for the second appointment, the embassy shall give notice thereof to the Directorate of Immigration, which will process the case according to the normal procedure.

If the applicant appears for the appointment with the embassy and maintains the application, but does not wish to avail him- or herself of the offer to have a DNA analysis made, the embassy should carry out a new interview of the applicant in which the latter should state the reasons for not wanting to accept the offer.The interview is to be sent to the Directorate of Immigration, which will process the case according to the normal procedure.

If no sample is collected from the applicant within a certain period of time, the Directorate of Immigration should notify the testing laboratory that the previously reported and planned DNA analysis in case X will not take place after all, so that any sample collected from the reference person residing in Norway can be discarded.

D.Tasks of the police upon notice from the Directorate that a DNA analysis shall be offered:

  1. The police summon the reference person residing in Norway to an appointment.The person concerned should be informed of what he or she is summoned to.Alternatively, if the summons is done in writing, one may enclose standard written information about what a DNA analysis is and what it entails.
  2. When the reference person residing in Norway comes to the appointment, the police shall inform him or her about the offer of a DNA analysis, that a sample must be collected from the reference person, the answers that a DNA analysis will provide, and how the results of the DNA analysis may influence the outcome of the application.
  3. The reference person residing in Norway is also asked to tell the applicant to contact the embassy as soon as possible to get an appointment for the taking of samples.
  4. After the police have verified that the reference person understands what it entails to consent to a DNA analysis, the reference person shall sign a declaration of consent. The police are responsible for ensuring that samples are collected.
  5. The medical professional collecting the sample shall verify the reference person’s identity, and a copy of the exhibited photo ID document shall be enclosed with the declaration of consent.
  6. The sample is collected.
  7. A label with the reference person’s name, date of birth and case number is attached to the sample.
  8. The sample together with a copy of the declaration of consent and of the ID document are placed in the enclosed envelope, which is then sealed and labelled with the name and the electronic registration number (DUF number)
  9. If several family members have been asked to contribute samples to the police, steps 4–8 are repeated.All the samples are then placed in a single collection envelope, which then is sealed.The collection envelope is then marked with name(s) and electronic reference number.
  10. The police send the sample to the testing laboratory; see address in Annex 2 to this circular.Samples may be sent by mail.When the laboratory receives the samples it will check that the sealed envelopes have not been opened.

If the reference person in Norway fails to appear for the appointment with the police, the latter shall give notice thereof to the Directorate of Immigration, which will process the case according to the normal procedure.The Directorate of Immigration notifies the embassy that the planned DNA analysis in case X will not be performed after all, since the reference person failed to appear.

If the reference person in Norway appears for the appointment with the police and maintains the application, but does not wish to avail him- or herself of the offer to have a DNA analysis made, the police should carry out a new interview of the reference person in which the latter should state the reasons for not wanting to accept the offer.The interview is to be sent to the Directorate of Immigration, which will process the case according to the normal procedure.

E.Tasks of the testing laboratory

  1. Enrolled samples are registered and analysed in accordance with the order placed by the Directorate of Immigration.
  2. The result of the test, marked with the case number, is sent to the Directorate of Immigration.
  3. The laboratory checks the received sample and notifies the UDI if the seal has been broken or if other observations are made concerning the received sample.
  4. The Directorate of Immigration is the testing laboratory’s principal as regards the commissioned test.If the applicant, a reference person holding a power of attorney issued by the applicant or an attorney has questions concerning case processing times or test results, they must contact the Directorate of Immigration and not the company performing the analyses.

F.The Directorate of Immigration’s processing of an application following the result of the DNA analysis:

  1. If the DNA analysis confirms the information provided about consanguinity, and the samples have been collected in accordance with the guidelines, the consanguinity shall be deemed satisfactorily documented.For the rest, the application is processed according to the normal procedure.
  2. If the analysis does not confirm the information provided about consanguinity, the Directorate of Immigration shall send a letter with a copy of the test result to the applicant via the embassy, and/or to the reference person residing in Norway via the police, so that the applicant/reference person may submit his/her opinions on the result before the Directorate reaches its decision.

Please find enclosed an information letter that we ask the police and Foreign Service missions to give to applicants and their reference persons as stated in the guidelines.

Morten Hansen

Acting Department Director

Contact:The Directorate of Immigration, Oppholdsavdelingen/Residence Department

[1] See § 2 (b) of the Public Administration Act. Translator’s remark.