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Norsk

Bilateral agreements

2011-11-10
Document-ID : 2011-11-10
Entry info force : 25.01.2012
Documentdate : 10.11.2011

Agreement between The Government of Georgia and the Government of Kingdom of Norway on the readmission of persons with unauthorised stay

The Government of Georgia and the Government of the Kingdom of Norway, hereinafter referred to as the Contracting Parties,

Aspiring to maintain and strengthen the spirit of solidarity and co-operation between them,

Determined to take measures against illegal migration,

Desiring to facilitate, in a spirit of co-operation and on the basis of reciprocity, the readmission of persons with unauthorized stay,

Aiming at securing fundamental human rights and freedoms, in particular, the right to appeal to the competent authorities, as stipulated in international agreements and national legislations of the Parties, for persons subject to return,

Guided by the principle of individual consideration of cases of persons, subject to readmission,

Have agreed as follows:


Article 1
Definitions


For the purpose of this Agreement the terms used herein shall have the following meanings:

a) “Requesting Contracting Party” shall mean either Contracting Party submitting an application to the other Contracting Party seeking authorization for readmission or readmission-related transit operations;

b) “Requested Contracting Party” shall mean either Contracting Party to which an application for readmission or readmission-related transit operations is addressed;

c) “Persons with unauthorized stay” shall mean persons who do not fulfil or no longer fulfil the legal requirements for entry to or stay in the territory of the State of one of either Contracting Parties;

d) “Third country national” means a person who does not hold the nationality of the State of either Contracting Party as well as stateless persons.

Article 2
Readmission of own nationals

  1. Either Contracting Party shall readmit at the request of the other Contracting Party and without formalities other than those specified in this Agreement any person with unauthorised stay, provided that it is proven or can be reasonably presumed that he or she possesses or at the time of entering the territory of the Requesting Contracting Party possessed the nationality of the State of the Requested Contracting Party. The same shall apply to persons, whose nationality has been terminated after entering the territory of the Requesting Contracting Party, without acquiring the nationality of the State of the Requesting Contracting Party or any other state, or has no guarantee to acquire the nationality of other state.
  2. Upon application by the Requesting Contracting Party, the Requested Contracting Party shall without delay issue the persons to be readmitted with the required travel documents with a period of validity of 3 (three) months irrespective of whether these persons agree to it or not.
  3. The Requesting Contracting Party shall readmit such person again to the territory of its State under the same conditions, if further checks reveal that readmission requirements set out in this Article are not met.

Article 3
Proof or assumption of nationality


1. Nationality shall be considered to be proven by a valid passport or by a valid identity document issued to its own nationals by the competent authorities of the State of the Requested Contracting Party, if these documents may be obviously ascribed to their bearer. In case these documents are presented, the competent authorities of the Requested Contracting Party shall recognize the nationality of a person concerned, and transfer of such person can take place after a notification.

2. Nationality may be reasonably presumed if based on any of the following documents, even if their validity has expired:

a) Military card, military service book or copy thereof;

b) Seaman's registration book or copy thereof;

c) Driving license or copy thereof;

d) Birth certificate or copy thereof;

e) Certificate issued by the state authority or copy thereof;

f) Copy of identity card or passport;

g) Written confirmation about the identity of the person concerned.

Nationality cannot be proved or presumed by means of false documents.

3. Subject to paragraph 2 of this Article, the readmission of a person concerned shall require the submission of a readmission application to the competent authorities of the Requested Contracting Party.

4. If the nationality of a person concerned cannot be proved or reasonably presumed on the basis of documents indicated in paragraphs 1 and 2 of this Article, the competent authority of the Requested Contracting Party shall arrange for an interview to be held with such person in order to determine his/her nationality.

All costs related to such interviews shall be borne by the Requesting Contracting Party.

5. In case related to paragraph 2 of this Article, evidence shall be considered as proven if the Requested Contracting Party confirms it.


Article 4
Readmission of third country nationals

 

  1. Either Contracting Party shall readmit, at the request of the other Contracting Party and without other formalities than those specified in this Agreement, an illegally staying third country national provided that such persons holds a valid visa and/or residence permit issued by the Requested Contracting Party and entered the territory of the State of the Requesting Contracting Party directly from the territory of the Requested Contracting Party.

  2. The readmission obligation under this Article shall not apply to:

    a)     a third country national whose State enjoys, or at the time when the third country national entered the territory of the State of the Requesting Contracting Party, enjoyed a visa-free travel regime with the Requesting Contracting party;
    b)     a third country national who, after departing the territory of the State of the Requested Contracting Party or entering the territory of the State of the Requesting Contracting party, was issued a visa or a residence permit by that Party;
    c)     a third country national who was granted a refugee status by the Requesting Contracting Party under the Convention Related to Status of Refugees (Geneva, 28 July 1951) and under the revised Protocol Relating to the Status of Refugees (New York, 31 January 1967);
    d)     a third country national who was expelled by the Requested Contracting Party to the country of origin or a third country;
    e)     a third country national whose state has a readmission agreement signed with the Requesting Contracting Party.If there are sufficient grounds to presume that the evidence indicated in paragraph 1 of this Article is valid, this evidence shall be considered as established after the Requested Contacting Party has confirmed it.

  3. If there are sufficient grounds to presume that the evidence indicated in paragraph 1 of this Article is valid, this evidence shall be considered as established after the Requested Contacting Party has confirmed it.
  4. After the Requested Contracting Party has accepted the readmission application, the Requesting Contracting Party shall without delay issue the person to be readmitted with the required travel documents with a period of validity of 3 (three) months irrespective of whether these persons agree to it or not.
  5. However, the Requesting Contracting Party shall later readmit to its territory any third country national who does not meet readmission requirements set out in paragraph 1 of this Article.
  6. The Contracting Parties shall do all in their power to return third country nationals to their countries of origin, before sending a readmission application to the other Contracting Party.

Article 5
Time limits

  1. The Requested Contracting Party shall reply to a readmission application without delay and in any case no later than 30 (thirty) days from the receipt of such application. Reasons for refusal of a readmission application shall be notified to the Requesting Contracting Party.
  2. A readmission application shall be considered as accepted if it is not replied to within the time limit indicated in paragraph 1 of this Article.
  3. The Requesting Contracting Party shall return the person whose readmission has been agreed to as soon as possible. The competent authorities of the Requesting Contracting Parties shall notify the other Contracting Party on the final transfer date in writing and in advance. 


Article 6
Transit

  1. Either Contracting Party shall, at the request of the other Contracting Party, allow the transit of third country nationals under the supervision of the competent authorities provided that the onward journey through other States of transit and the admission to the State of final destination is assured. A common transit application form is included in the Annex to this Agreement.
  2. The transit of third country nationals can be refused if there is sufficient evidence to presume that the person concerned runs the risk of being subject to inhuman treatment or capital punishment, or if his/her life or freedom may be endangered because of his/her nationality, religion, race or political conviction in the any State of transit or the State of final destination.
  3. Even if a positive reply to a transit application was given to the Requesting Contracting Party, any person accepted for transit may be returned if later checks reveal that the conditions indicated in paragraphs 1 - 2 of this Article were not met. In this case, the Requesting Contracting Party shall readmit the person concerned.

Article 7
Exchange and protection of information

Personal data transmitted for the implementation of this Agreement, shall be subject to collection, processing and protection in accordance with the respective national laws and international laws, in particular pursuant to the Convention for the Protection of Individuals with Regard to Automatic Processing of Personal Data (28 January 1981).

Article 8
Costs

  1. All transport costs incurred in connection with readmission and transit as far as the border of the State of the Requested Contracting Party or as far as the border of the State of Destination, as well as in connection with return of the persons indicated in paragraph 3 of Article 2, paragraph 5 of Article 4 and paragraph 3 of Article 6 of this Agreement shall be borne by the Requesting Contracting Party.
  2. Costs incurred in connection with the determination of nationality in compliance with Article 3 of this Agreement shall be borne by the Requesting Contracting Party.

Article 9
Implementing Provisions

Detailed information is included in the annex to this Agreement.

Article 10
Principles of co-operation

  1. The Contracting Parties shall assist each other in applying and interpreting this Agreement. They shall regularly exchange informed of immigration requirements.
  2. Any dispute arising in connection with the interpretation and application of this Agreement shall be resolved through consultations and/or negotiations between the competent authorities of the Contracting Parties.
  3. Either Contracting Party may request a meeting of experts of both Contracting Parties with a view to resolving any problem related to the interpretation or the implementation of this Agreement.
  4. Either Contracting Party shall endeavour within the limits of its capacities and resources to cooperate on the reintegration of readmitted persons on the territory of the other Contracting Party.

Article 11
Other obligations

This Agreement shall not affect other obligations of the Contracting Parties arising out of international agreements, in particular:

a) the International Covenant on Civil and Political Rights (16 December 1966) and the European Convention on Human Rights (4 November 1950) and Protocols thereof in force for both Contracting Parties;

b) the Convention on the Status of Refugees ( Geneva, 28 July 1951);

c) the Protocol Relating to the Status of Refugees (New York, 31 January 1967); and

d) international agreements on extradition. 


Article 12
Suspension

  1. Either Contracting Party may suspend, wholly or partially, implementation of the provisions of this Agreement on grounds of national security, public order or public health. This provision shall not apply to Article 2 of this Agreement.
  2. Either Contracting Party shall immediately notify the other Contracting Party in writing of suspension of the Agreement or withdrawal of such suspension. Suspension of the Agreement or withdrawal of the suspension shall enter into force the day after the receipt of such notification.

Article 13
Amendments and additions

The Contracting Parties may, upon mutual agreement, introduce amendments and additions to this Agreement, which shall form a separate protocol and constitute an integral part of this Agreement and enter into force in compliance with paragraph 1 of Article 14 of this Agreement.

Article 14
Final provisions

This Agreement shall be concluded for an indefinite period and shall enter into force 30 (thirty) days after the receipt of the latest written notification by which the Contracting Parties notify each other that the domestic procedures required for its entry into force have beenfulfilled.

  1. Either Contracting Party may at any time terminate this Agreement by sending a written notification to the other Contracting Party. In this case this Agreement shall cease to have effect 30 (thirty) days after the receipt of such notification.

 

Done in ……….. on ………….. 2011, in two original copies, each in the Georgian, Norwegian and English languages, all texts being equally authentic. In case of any difference in interpretation, the English text shall prevail.


For the Government of Georgia                         For the Government of the Kingdom of Norway

 

Norwegian Directorate
of Immigration
Utlendingsdirektoratet
P.O. box 2098 Vika
NO-0125 Oslo
Norway

Editor in Chief: Stephan Mo