Legal study “The Internal Flight Alternative in Norway”

The internal flight alternative (IFA) is a limit on refugee status that potentially applies when a claimant’s risk of persecution is confined to a specific area of a country. It permits a state to refuse refugee status to a person who faces persecution or similar serious harms in the area of previous residence, but can presumably live safely somewhere else in the country. For example, a young Afghan who resisted forced recruitment by the Taliban in Kunduz may be referred to Kabul for protection.

Although there is no mention of the IFA in the 1951 Refugee Convention, IFA practice is common in many state parties, including Norway. In Norway, the scope for IFA practice has recently expanded, following amendments to the Immigration Act which came into force in October 2016. This study reviews the law and practice of IFA application in Norway in light of international legal standards prescribed by the 1951 Convention, relevant UNHCR guidance and international human rights law. It focuses particularly on application of the IFA vis-à-vis two specific groups of refugee claimants with Afghan nationality: families with children and unaccompanied and separated minors (UAMs). Individuals from these groups are regularly denied status because they could presumably find protection somewhere in Afghanistan, for example Kabul, despite the deteriorating security there.

Legal study on “The Internal Flight Alternative in Norway: the law and practice with respect to Afghan families and unaccompanied asylum-seeking children” was commissioned by UNHCR and was written by Jessica Schultz from Chr. Michelsen Institute.