- If you need protection, you can stay in Norway no matter where in Afghanistan you are from, says State Secretary Ms. Libe Rieber-Mohn in the Norwegian Ministry of Labour and Social Inclusion. – Persons from unsafe areas will not be returned at present. In reality, this means that people from the Kabul area without need for protection, will be returned, says the State Secretary.

In August 2005, Norway signed a tripartite MoU with the government of Afghanistan and UNHCR, concerning return to Afghanistan. The MoU regulates both voluntary and coercive return, but does not deal with who should be granted asylum or residency in Norway. Applications for asylum and residency are considered by the Norwegian Directorate of Immigration (UDI) as the first authority and the Norwegian Immigration Appeals Board (UNE) which handles the appeals. The decisions are taken in accordance with the Immigration Act.

-I trust UDI and UNE to treat all applications in a responsible way, says Rieber-Mohn. -The Immigration Act states that nobody should be sent back to the country of origin if they are subjected to persecution.

UNHCR gives recommendations both regarding the need for protection and humanitarian consideration, including the question about return of persons without need for protection. Concerning the need for protection for Afghanis who have applied for asylum in Norway, Norwegian authorities have followed UNHCR's recommendations.

- Carrying out the returns of persons who are not granted asylum or humanitarian residence, will be in accordance with the MoU and in consutation with the UNHCR, says Libe Rieber Mohn.

This implies that the UNHCR will be given information on everybody that is planned to be returned. If UNHCR has any objections about individuals, the return of these will be reconsidered and possibly postponed. It means that in reality, during this round the only persons to be returned are the ones that do not have a need for protection and who have an affiliation with areas in Afghanistan where the UNHCR in its recommendations has accepted return.