The Minister of Local Government and Regional Development has today instructed the Directorate of Immigration to expel Faraj Ahmad Najmuddin, also called Mullah Krekar, in the interests of national security. Under the Immigration Act, the Ministry may issue instructions to the Directorate of Immigration regarding decisions on individual cases that involve consideration for national security or foreign policy considerations. The Directorate of Immigration has therefore made an administrative decision in accordance with the Ministry’s instructions, and sent the decision to Mullah Krekar’s lawyer.

The Minister’s decision is in accordance with the recommendation of the Directorate of Immigration (UDI). The decision may be appealed to the Immigration Appeals Board.

In addition to its decision to expel Mullah Krekar in the interests of national security, the UDI has adopted decisions to:

• Revoke his asylum status
• Expel him on the ground that he has contravened the Immigration Act
• Revoke his settlement permit and all previous work and residence permits
• Withdraw his travel document (Travel Document for Refugees)
• Report the expulsion decision to the Schengen Information System

Mullah Krekar received advance notification of expulsion on 12 September 2002. His lawyer submitted a reply to the advance notification on 25 September 2002, followed by supplementary comments in a letter dated 7 October 2002.

“The Directorate of Immigration has done a very thorough job of assessing this case. A large amount of source material has been examined very closely,” says Minister of Local Government and Regional Development Erna Solberg. The conclusion reached in this case is based on freely available sources of information.

National security
The Ministry’s instructions are based on the grounds that it is necessary to expel Mullah Krekar in the interests of national security.

“In considering this case, I have attached considerable importance to the information regarding Mullah Krekar’s activities in his home country,” says Minister Erna Solberg. She refers to Mullah Krekar’s key position in Ansar al Islam, a group that controls an area in northern Iraq. “Ansar al Islam is an armed, Islamic fundamentalist group which I believe there is reason to assume has ties with the al-Qaida network.”

“National security may be jeopardized by Mullah Krekar’s presence in Norway, and by his role as a political, religious and military leaders of groups that are strongly involved in activities that might attract terrorism to Norway,” says Erna Solberg.

The Directorate of Immigration’s suspicion that Mullah Krekar has links with the al-Qaida network is based in part on allegations and information that has emerged in various media. This is also supported by reports from independent human rights organizations.

“I understand why people have reacted to the fact that no decision has been made earlier in this case, but the Directorate of Immigration has needed some time to consider a case of such an exceptional nature,” says Minister of Local Government and Regional Development Erna Solberg.

Minister Solberg assumes that Mullah Krekar will appeal the decision, and that the case has not been concluded by the present decision.

The Ministry of Justice is currently considering a demand for Mullah Krekar’s extradition from the Jordanese authorities. The expulsion order will not be implemented pursuant to the Immigration Act until the Norwegian authorities have completed their processing of the extradition demand.

Revocation of asylum status
In his reply to the advance notification of expulsion, Mullah Krekar’s lawyer denied that Mullah Krekar had been in his home country. Since coming to Norway in January this year, Mullah Krekar himself has on several occasions confirmed that he has been in his home country. His lawyer has now also confirmed that both Mullah Krekar and his family have been in their home country. The extent of Mullah Krekar’s travels and his activities in his home country show that the asylum status he was granted because he required protection was given on inadequate grounds. Based on the information now possessed by the Directorate of Immigration, the Directorate finds that Mullah Krekar did not require protection when he was granted asylum status in Norway, nor at any subsequent time.

Expulsion on grounds of contravention of the Immigration Act
The decision is based on the grounds that Mullah Krekar has contravened the provisions of the Immigration Act regarding the duty to provide information. It is based on the fact that he has given incomplete and incorrect information as regards his need for protection in Norway. A foreign national may be expelled for having “grossly or repeatedly contravened one or more provisions of the present Act […]”. The information was decisive for Mullah Krekar’s being granted a residence permit and asylum status in Norway. The Directorate finds that Mullah Krekar’s connection with Norway has been weakened by his extensive travels and stay in Northern Iraq.

Revocation of settlement permit and all previous work and residence permits
Reference is made to the above regarding the revocation of asylum status, which is based on the grounds that Mullah Krekar was in his home country just a short time after being granted asylum in Norway. Furthermore, it is also based on the grounds that Mullah Krekar must have give incorrect information regarding his need for protection, as a result of which the residence permit and asylum status were granted on the basis of erroneous information. Earlier work and residence permits and the settlement permit are deemed to be based on erroneous information and are therefore revoked.

Withdrawal of travel document (Travel Document for Refugees)
Mullah Krekar has a Travel Document for Refugees, a document that is issued to persons who have refugee status. Since it has been decided that he is to be expelled and his asylum status revoked, he will no longer be entitled to a travel document of this nature. It has therefore been decided that the document is to be revoked.

Notification of the decision to expel Mullah Krekar to the Schengen Information System
In accordance with the Act relating to the Schengen Information System, a foreign national who is expelled from Norway may be reported to the Schengen Information System (SIS). A decision has therefore been made to report Mullah Krekar to the SIS, which will result in his being refused entry to all countries in the Schengen area. However, he cannot be reported to the SIS until a final decision as regards his expulsion has been made.