LIMITS TO MINISTERS’ ‘POLITICAL COMMUNICATION’
ordered the Immigration Service to send the mission to
Eritrea with instructions to find basis for tightening the
practice in the individual asylum cases?
After my investigation of the matter, I had no grounds
for assuming that this was the case. But I stated that
the Minister of Justice at the time (and the Ministry of
Justice) was partly responsible for the suspicion having
arisen in the first place. In a TV interview, for instance,
the minister had said that, ‘I am going to hit the brakes
now and will see to it that the Immigration Service
goes to Eritrea to investigate whether we can send these
people back’.
The minister may in the situation have felt a need to
show political initiative. But when the minister commented on what the authorities should do in consequence of a specific influx of asylum seekers, she was
wearing her head of administration hat. In this situation, a minister cannot show so much political initiative
that it compromises the role division between minister
and asylum authorities ‒ a role division which exists
precisely so that political interference in the processing
of asylum cases is avoided.
The authorities agreed with my main points of view and
took note of my comments, but were at the same time
preoccupied with the fact that I had not in my statement outlined any new demands for what they called
‘ministers’ political communication’.
THE REFUGEE ADVERTISEMENT
– GUIDANCE OF CITIZENS OR ‘COMMUNICATION
OF POLITICAL INITIATIVES’?
A somewhat different illustration of the issue is the case
regarding the immigration authorities’ so-called refugee
advertisement in Lebanese newspapers.
53
COURSE OF EVENTS IN THE
ERITREA CASE
August 2014: It becomes known that the
Immigration Service will be sending staff on
a fact-finding mission to Eritrea because of
a strong increase in the number of Eritrean
asylum seekers.
November 2014: The Immigration Service
publishes a report on conditions in Eritrea.
It is the Immigration Service’s assessment
that the conditions do not in themselves
constitute persecution or give Eritrean
asylum seekers a right to protection.
November 2014: Questions regarding the
authorities’ handling of the case are raised
in the media, including questions regarding illegitimate political interference in
the processing of asylum cases. A named
source withdraws from the report, and two
members of the Immigration Service staff
criticise the report in public. The Immigration Service changes its general position on
the right of asylum again so that Eritrean
asylum seekers are as a general rule still to
be granted asylum.
December 2014: It emerges that the Immigration Service has given the two staff
members a caution according to employment law.
15 September 2015: The Ombudsman
makes a statement in the case. After
having reviewed 7,000 pages of case
files, he finds no ‘significant breaches of
law’. He does, however, point out that the
authorities have exposed themselves to
the suspicion of ‘foul play’. The Ombudsman
recommends that the authorities learn
from the experience.
23 November 2015: The Ombudsman
closes the case after the authorities have
stated that they concur with his main
points and have taken note of his comments.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents