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Norsk

UDI circulars

RS 2010-007
Document-ID : RS 2010-007
Case-ID : 09/1862
Documentdate : 01.01.2010
Receiver :

Chiefs of Police
Foreign service missions

DNA analyses carried out on the applicant’s initiative


1. Introduction

2. Conditions for accepting analyses carried out on the applicant’s own initiative

2.1. Requirements for documentation of identity

2.2. Requirements concerning the sample-taking situation

2.3. Requirements concerning the analysis institute

3. Other matters


1. Introduction

In connection with applications for family immigration, the applicant is not always able to adequately document or substantiate the family connection to the sponsor. There may be several reasons for this, for example that conflicting information has been provided either in the application in question or previously in case information concerning the sponsor or the applicant, or that the Directorate of Immigration (UDI) is unable to give decisive weight to the documentation presented.

In order to document the family connection stated in the application, applicants in some cases submit a DNA analysis carried out on their own initiative. In such cases, the UDI does not cover the costs of the analysis or the costs in connection with taking a sample.

2. Conditions for accepting analyses carried out on the applicant’s own initiative

Certain minimum requirements must be met for the UDI to accept such ‘private’ analyses carried out on the applicant’s own initiative. The minimum requirements are related to the conditions that must be met for the analysis to have value as evidence. If there is doubt about whether these conditions or minimum requirements are met, the UDI can choose not to give decisive weight to the DNA analysis presented.

It is important to keep these analyses separate from the DNA analyses carried out at the UDI’s initiative (see RS 2010-035), but the considerations underlying the guidelines for how the UDI’s tests are to be processed and how ’private’ tests should be processed are the same.

2.1. Requirements for documentation of identity

If they are closely related, a DNA analysis can decide with virtually 100 per cent certainty whether persons have the family connection they state. However, the analysis as such only tells us whether the samples compared indicate or do not indicate a family relationship. For such an analysis to have any value as evidence, it is necessary, therefore, that we can be certain which persons were compared with each other.

It is an absolute condition for accepting the DNA analysis that the parties have provided proof of identity. It must be clear from the sample-taking documents how they have proven their identity. As a rule, a copy of the ID presented and/or a photo must accompany the sample.

It is not accepted that the applicant or sponsor sends, delivers or stores the DNA sample him or herself. By comparison, it can be mentioned that, when the DNA analysis is carried out at the UDI’s initiative, a photo is taken of the applicant and placed in a sealed envelope together with the sample-taking document signed by the applicant and representative of the foreign service mission.

2.2. Requirements concerning the sample-taking situation

The DNA sample should be taken by an independent third party. The institution and/or personnel who take the DNA sample must not have any interest in the outcome of the application. The DNA sample must be sealed and sent in a secure manner directly from those taking the sample to the analysis institution.

The name of the person (or persons) who has taken the DNA sample must be stated in the documentation. This is necessary because it may be necessary to investigate what happened during or after the taking of the sample and/or who has given the sample.

2.3. Requirements concerning the analysis institute

Analyses carried out at the Institute of Forensic Medicine shall be automatically accepted as regards the quality of the actual analysis.

Analyses carried out at recognised hospitals/ institutes/ laboratories in Western countries should also be automatically accepted as regards the quality of the analysis.

Analyses carried out elsewhere or at other hospitals/ institutes/ laboratories should not be accepted as regards the quality of the analysis unless the case officer has obtained information from the foreign service mission about whether the quality of the work carried out there is deemed to be satisfactory based on recognised medical standards.

The result of the analysis must be communicated in a language that the Directorate of Immigration can understand. It must be possible to read and understand the conclusion without having medical expertise, and it must not be necessary to translate the document.

Documentation of the identity of the person who has given the sample and of how the sample was taken is deemed to be part of the conclusion. This means that it has a bearing on the conclusion how the sample has been stored, transported, whether the seal has been broken etc. The sample-taking documents must therefore accompany the DNA sample/ analysis throughout the process.

3. Other matters

It is immaterial whether the DNA analysis is based on spittle or blood samples. The same conditions must apply to identification and the situation surrounding the taking of the sample and the analysis regardless of what kind of sample is obtained.

Karl Erik Sjøholt
Head of department

Contact: The Managed Migration Department, Section for Family Immigration

Utlendingsdirektoratet
Norwegian Directorate
of Immigration

Postboks 8108 Dep
N-0032 Oslo
Phone: + 47 23 35 15 00

Editor in Chief: Stephan Mo
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