The European Union has adopted the Dublin Regulation, a regulation that
establishes in which country an application for asylum filed in an EU country
should be processed. According to the terms of the Regulation, an asylum
application can be processed in one EU country only. If an applicant has been
in contact with authorities in another EU country, his or her asylum
application may not be processed in Denmark. Instead, the asylum seeker
will be sent to the country of first registration, where his or her application
will be processed.
Alternatively, the asylum seeker may be referred to a 'safe third country' for
processing. An applicant may be sent on to such a country if he or she has
resided there prior to arriving in Denmark. 'Safe third countries'
include Switzerland, the United States, and Canada.
During the processing of an asylum case, the asylum seeker is normally assigned
to an accommodation centre. Accommocation centres are spread throughout Denmark: most
are operated by the Danish Red Cross. In some cases, asylum seekers may be
allowed private accommodation. Here, you can find more information about accommodation centres.
Processing an application for asylum
If the Immigration Service decides that an asylum application can be
processed in Denmark,
the Immigration Service will then determine whether or not asylum can be
granted. The asylum seeker will be asked to fill out an application form in
which he or she can explain in more specific terms the reason why he or she is
seeking asylum in Denmark.
Thereafter, the Immigration Service will interview the applicant, assisted by
an interpreter. During the course of the interview, the asylum seeker has the
opportunity to further clarify why he or she is applying for asylum in Denmark.
Following the interview, the Immigration Service will rule on the case, based
on a factual and individual assessment of all relevant information pertaining
to the case. The Immigration Service will consider the statement provided by
the asylum seeker, as well as general information on conditions in the
applicant's country of origin. In most cases, this will be sufficient to make a
ruling on the case. However, there may be instances where the Immigration
Service requires additional information, e.g. if there is doubt regarding
conditions in a specific country. Here, you can read more about information on countries.
Three procedures
Most cases are processed according to normal procedure. This
means that if the application for asylum is rejected, the case is referred to
the Refugee Appeals Board which will make the final ruling on the case.
A minority of cases are considered manifestly unfounded. This means that
the Immigration Service assesses that the applicant is clearly not eligible for
asylum. These cases are sent to the Danish Refugee Council (NGO), which will
make a statement on the case. If the Danish Refugee Council agrees with the Immigration
Service that the application is manifestly unfounded, the application will be
rejected without contest. If, on the other hand, the Danish Refugee Council
disagrees, the Immigration Service will generally maintain its rejection of the
application, but will refer the case to the Refugee Appeals Board for a final
ruling.
In certain cases, asylum applications are processed according to an expedited
version of the manifestly unfounded procedure. This happens when the asylum
seeker comes from a country where, according to the most up-to-date information
available, it is unlikely that the applicant would risk persecution on return. In
these cases, the asylum seeker will not be asked to fill out an
application form, and he or she is quickly referred for an interview with the
Immigration Service. The Danish Refugee Council will then give a statement on
the case. If this is in accordance with the ruling of the Immigration Service,
the application will be rejected as soon as possible. These cases are processed
within a few days.
When an asylum seeker is granted a residence permit
If an applicant is granted asylum, the Immigration Service will decide
where in Denmark
he or she is to live.
When an asylum seeker is rejected
If an asylum applicant receives a final rejection, he or she must leave Denmark
immediately, but will be granted adequate time to prepare for departure. Authorities
will make allowances if an applicant is suffering from an acute illness, is in
an advanced stage of pregnancy, or has given birth shortly before the final
ruling. A final rejection means that the applicant has no more avenues
available to appeal the ruling. Rejections delivered by the Refugee Appeal
Board or by the Immigration Service in so-called 'manifestly unfounded' cases
are regarded as final. If a rejected asylum seeker refuses to leave Denmark
voluntarily, it is the responsibility of the police to ensure his or her
departure.
Residence permit on other grounds
If substantial humanitarian considerations warrant it, the Ministry of
Refugee, Immigration, and Integration Affairs has the authority to grant a
temporary residence permit to an asylum seeker whose application for asylum has
been rejected. Very few permits of this type are ever granted.
