Indekspunkt: uf § 24 1_ familiegjenforening- særlig tilknytning- felles
Indekspunkt: uf §§ 22-23: familiegjenforening- Ul § 9- felles
Indekspunkt
attachment 3 to RS UDI 03-031 OPA
Case Number: 02/368
Oslo, 12. January 2004
INFORMATION ON DNA ANALYSIS IN CONNECTION WITH THE APPLICATION FOR FAMILY REUNIFICATION IN nORWAY
Introduction:
When a person applies for a residence or work permit in connection with reunification with a family member residing in Norway, the specified family relationship (kinship) must be documented. As a general rule, the immigration authorities require that the applicant and the family member residing in Norway submit certificates which confirm the specified kinship. However, some applicants have problems submitting papers that are adequately universally known. The Directorate of Immigration can therefore offer a DNA analysis to establish if an applicant is related to the person residing in Norway. The DNA analysis can only be undertaken if the parties consent to this.
A DNA analysis as evidence of kinship
With a DNA analysis, genetic properties are examined through salvia tests taken from the applicant and the specified family member in Norway. Parts of the genetic material of the applicant and the family member in Norway will match if they are related. Based on which genes are common, the DNA analysis will be able to reveal whether the persons being tested are parent/child, siblings, or whether they have other kinship. The DNA test can also rule out a claim that two persons are related.
The DNA analysis can reveal kinship that the family is unaware of, for example that the spouse is not the father of all the children. If one of the parties knows that the DNA analysis will reveal "secrets", it is important that the police or the embassy are informed of this fact and that the correct kinship is specified. The Directorate of Immigration will then be in a position to assess whether the applicant can be granted a permit according to other provisions. The Directorate can also treat the information confidentially as far as possible if one of the parties requests this.
The parties must undergo an oral swab test if the genetic material is to be analysed.
Who is offered a DNA analysis?
The Directorate of Immigration will decide on the basis of the application whether a family will be offered a DNA analysis. This decision cannot be appealed.
A DNA analysis will only be offered if the Directorate is in doubt as to the specified kinship. Generally, a DNA test is not offered if other conditions in the Immigration Act and Regulations are not met.
If the immigration authorities decide to offer a DNA test, the applicant will be contacted by the embassy where the application has been submitted. The police will contact the family member residing in Norway. Embassies often encounter difficulties getting in touch with applicants. The family member in Norway should therefore ask the applicant to contact the embassy for DNA testing when he or she is called in for testing. Applicants who are to be tested will be summoned to a general information meeting about DNA testing, and will be given the opportunity to ask questions. The parties must sign a declaration giving their consent to a DNA test.
The applicant and the family member in Norway must come to the embassy and the police respectively at the assigned time. If any of the parties are unable to attend the scheduled meeting they must notify the officials of this and state whether they intend to come at a later date. The embassy and the police will summon the parties for a DNA-test maximum two times. If they do not attend at the specified time, the Directorate of Immigration will make a decision in the case without a DNA analysis. The parties may also turn down the offer for testing. If the parties do not wish to undergo the DNA test they must meet with the police or the embassy to give their reasons for this. This explanation will be assessed together with other information in the case when the application is decided.
Where and how is the DNA analysis taken?
The oral swab test of the applicant will be collected at the Norwegian embassy, or at another place where a representative of the embassy is present. In Norway the police will collect the samples. Anyone appearing for a test must produce identification papers. A photograph will also be taken of the applicant.
The salvia sample will be sent to Great Britain for analysis. The analyses are normally ready two weeks after the analysing institute have received all the tests. Allow time for postage and registration at UDI before making any enquiries about the application.
What takes place after the result is available?
The result of the analysis will be sent to the Directorate of Immigration. This result will be sufficient documentation of kinship in connection with the application for family reunification, if the analysis confirms the specified kinship. On the other hand, the result of the analysis can also prove that the applicant and the person in Norway do not have the specified kinship.
The applicant and/or the family member in Norway will be given the opportunity to make a statement about the DNA result if it shows that the parties do not have the kinship which is specified in the application. This statement will be taken under consideration when the case is decided.
The Institute that analyse the samples cannot give information about the result of the test to the applicant or to the person living in Norway. If any of the parties have a question about the DNA test they must contact the Directorate of Immigration.
The Directorate of Immigration would also like to make it clear that documented kinship is only one of several conditions which need to be met to be granted a residence permit for family reunification, cf. section 9 of the Immigration Act, cf. sections 22-25 of the Immigration Regulations.
Expenses
The immigration authorities cover the expenses of the DNA test. Travel expenses to and from the embassy or the police, and any accommodation expenses when visiting the embassy must, however, be covered by the parties themselves. The immigration authorities only cover the expenses for the DNA analysis when the Directorate of Immigration offers the test.
Filref.: RS 2003- 031V3engelsk.doc / Side 1 av 2Dato1