Suel Gasembo (35) is to be repatriated to Burundi after 19 years in Norway. The Oslo District Court did not give importance to the Norwegian authorities’ claim that he was not from the country.
Sule Kasembo photographed during the trial at the Oslo District Court in November. In the background is his lawyer, Malene Valkwæ Jenssen.
– First of all, we are very disappointed with the result. We envisioned a different outcome. But Chul didn’t give up. The case will be appealed.
That’s what Casembo’s lawyer, Malene Walkwe Jensen, says. But an appeal does not delay mandatory deportation. After the conviction, the police can now join Kasembo and send him to Burundi.
Although Norwegian immigration officials doubted Kazembo’s story, he has been in Burundi for almost 19 years. This is what Aftenposten wrote in this case.
He came to Norway in 2004 as a stowaway on a ship. He then said that he left the country after his family was killed during the civil war.
– If they had believed him when he arrived here in 2004, he would most likely be a Norwegian citizen today, as at that time Burundians were mainly granted residency, says Walkway Jensen.
Finally trusted him – took action
Kasembo insisted he was from Burundi. The Norwegian authorities were never able to document that he was from another country. So Gasembo ended up in the “no return” category.
The case took a new turn earlier this year. Kassembo can then submit the documents from the Burundian Embassy in Berlin. He must show that he is from Burundi.
Due to this, the immigration authorities have taken action. The police stepped in, arrested him and sent him to an immigration detention center in Trandom for deportation to Burundi.
The eviction was halted at the last minute by the so-called Oslo District Court Temporary banTemporary banA decision made by a court in a civil case applies only for a limited period of time, usually until a trial is finally decided.. Casembo was able to have his case heard in court. In the local community, over NOK 400,000 was collected for the trial.
– Is it fair to be sent out because it is now documented that I am telling the truth, Gasembo asked in an interview with Optenposten before the trial in November.
Considering the recent decision
The District Court has now affirmed the Board of Immigration on all counts. But the court has been considering the latest judgment in the case since August this year.
The Oslo District Court believes that previous decisions do not affect the validity of this decision. The court did not assess how safe Burundi was when he fled the country, but how safe it is in the country today.
The court believes it is safe to send him to Burundi now.
The court pointed out that it has been almost 20 years since his family was killed. His explanation is that he does not know who killed them and for what. He has also explained to the court that he has never been politically active.
– Therefore, the judgment states that it is difficult for the Court to see that there is convincing evidence that Kasembo would be exposed to a real risk of persecution upon his return to Burundi.
The court’s assessments on the matter have met with strong reactions from Kazembo’s lawyer.
Suel Kassembo has worked at the Runde Miljøsenter in Sunnmøre in recent years. According to Nils Roar Hareide (th) at Runde Miljøsenter, he has a full-time job, earns a salary and pays the tax due to him.
– If the judiciary cannot assess the validity of old decisions, only the administration can get away with making new decisions. It is very special.
The Oslo District Court showed little sympathy for Kasembo in its ruling. Although the deportation decision from 2007 was based on suspicion of his origin, the court believes that he should have left the country.
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