Amicus curiae submission of the United Nations High Commissioner for Refugees in case HR-2025-1354-U (sak nr. 25-095034SIV-HRET) before the Supreme Court of Norway

43. The 1951 Convention must be interpreted in accordance with the rules of treaty interpretation under the Vienna Convention. These provisions require a good faith interpretation based on the ordinary meaning of the text and in light of the 1951 Convention’s object and purpose, that is to ensure effective protection for refugees. Making refugee recognition conditional on whether the applicant holds a non-protection-based residence permit is incompatible with this framework and undermines the Convention’s protective function.

44. The analogy between rejecting asylum claims based on an applicant’s residence status in the host State and the STC is incorrect. The STC concept applies only where effective protection is available in a third country, in line with international standards. By contrast, a non-protection-based residence permit in Norway excludes access to international protection both there and elsewhere. Moreover, the Instruction does not allocate responsibility for examining asylum claims, unlike the Dublin III Regulation, which governs such allocation among EU Member States. The two frameworks are therefore not comparable in either function or effect.

45. Similarly, rejecting asylum claims based on an applicant’s residence status in Norway cannot be compared with the application of the IFA concept. The IFA is rooted in the surrogate nature of international protection and applies only where the applicant can safely relocate within their country of origin. In contrast, a residence permit in Norway concerns legal status in the host country and does not involve any assessment of risk in the country of origin. These are distinct legal concepts, serving fundamentally different purposes.

46. In conclusion, UNHCR reiterates that refugee status must be recognized when the criteria in Article 1A(2) of the 1951 Convention are met. Recognition does not depend on a formal declaration by the host State; it is declaratory in nature and confirms a status that already exists. The mere fact that an individual holds a residence permit for reasons unrelated to international protection does not affect their entitlement to refugee status.