The Norwegian Public Administration Act and the Norwegian Educational Support Act govern who may lodge an appeal against a decision. If you are a party to the case or otherwise have a legal interest in appealing the decision that has been made, you will be entitled to appeal against the decision.
Deadline for complaints
You must lodge the appeal within three weeks of receiving notification of the decision.
What can you appeal against?
You cannot appeal the regulations, only their application. For example, you cannot lodge an appeal with Lånekassen’s Appeal Board for violation of processing rules unless you believe that the processing method has had an impact on the outcome. You also cannot appeal against the contents of the regulations.
Pursuant to the Norwegian Educational Support Act, Lånekassen’s Appeal Board only has the authority to process appeals relating to individual decisions on educational support and individual decisions pursuant to the rules concerning repayment. Lånekassen’s Appeal Board can also process appeals relating to decisions concerning grants for tuition fees for students at foreign or international upper secondary schools.
How do I proceed?
If Lånekassen has made a decision that you are unhappy with and that you believe to be incorrect under the applicable regulations, you may lodge a written appeal with Lånekassen.
If you submit a written appeal by post, the appeal must be signed by yourself, a guardian or a person authorised by you. You can also lodge an appeal via e-mail from Dine sider. Appeals that contain special categories of data (sensitive data) such as medical information or information about criminal offences (e.g. details of time served in prison) must be submitted by post.
You do not have to justify the appeal but you must reference the decision you are appealing against and what you want to be changed.
Even though you are not required to justify your appeal, it would be advantageous if you provide Lånekassen’s Appeal Board with your views as to why you believe the decision to be incorrect. You should include all of the arguments you consider relevant to the case. Anything that you submit and that is linked to the appeal will be attached to the case.
What happens next?
Once you have lodged an appeal, Lånekassen will look at your case again. Initially, the appeal will be processed by Lånekassen.
Following such processing, the outcome can be one of two alternatives: Lånekassen will either change or uphold its decision. If the decision is changed, you will receive a new decision with a notification explaining why the previous decision has been changed.
If the appealed decision is upheld, Lånekassen will pass the appeal onto Lånekassen’s Appeal Board. In certain cases, Lånekassen may deem it appropriate to provide you with more detailed information about the content of the decision. In such a case, Lånekassen will send you a letter with a justification of why the decision has been upheld. If, following receipt of such information, you still wish for the case to be presented to Lånekassen’s Appeal Board, you will need to notify Lånekassen of this. In such a case, Lånekassen will arrange for processing of the case by Lånekassen’s Appeal Board as soon as possible.
Lånekassen will create a case presentation, including appendices, that will be submitted to Lånekassen’s Appeal Board Secretariat, which will pass the case on to Lånekassen’s Appeal Board.
Lånekassen’s Appeal Board processes cases approximately once per month. The competence of the Appeal Board is governed by the Norwegian Educational Support Act and detailed rules in the Norwegian Public Administration Act.
Lånekassen’s Appeal Board has the authority to investigate and comment on all aspects of the case. This means, among other things, that it is able to investigate whether Lånekassen has applied the correct factual basis to the decision, whether the regulations have been interpreted correctly and whether Lånekassen’s discretionary assessments have been justifiable.
When the appeal is presented to Lånekassen’s Appeal Board, the Appeal Board will investigate whether the conditions for processing the appeal have been met. The Appeal Board must reject the case if the conditions have not been met. In such a case, the Appeal Board will not take a position on the content of the appeal.
Decisions made by Lånekassen’s Appeal Board are final and cannot be appealed further. Nevertheless, if you still believe that the Appeal Board’s decision is wrong, you may lodge a complaint with the Civil Ombudsman.