This document provides a complete description of the Danish asylum procedure and what happens if an asylum seeker is granted or denied a residence permit as a refugee. There is also an overview and leaflets which explain the Danish asylum procedure on the page titled 'Information material'.
How to apply for asylum in Denmark?
If a person needs asylum and wants to apply for a residence permit as a refugee in Denmark, the applicant must contact the Danish immigration authorities. For example, the applicant can contact the police at the Danish border, at an airport, at a police station or in the Reception Center Sandholm.
<p>After the applicant has been registered as an asylum seeker the Danish Immigration Service will normally summon the applicant to a meeting to fill in a form describing why he/she is applying for asylum. This process is called formfilling. The form contains several questions that provide an opportunity for the applicant to explain why they have applied for asylum.</p>
Should the asylum case be processed in Denmark or another European country?
The countries of the EU as well as Iceland, Lichtenstein, Norway, and Switzerland have drawn up common rules for where an asylum application is to be processed (the Dublin Regulation). The purpose of the Dublin Regulation is to ensure that all asylum seekers can have their asylum case processed in just one European country.
What happens if the applicant has a residence permit as a refugee in another European country?
If an asylum seeker applies for asylum in Denmark and already has a residence permit as a refugee in another European country (EU countries as well as Iceland, Lichtenstein, Norway and Switzerland), the Danish Immigration Service may decide to refuse the asylum application. It follows from section 29b of the Aliens Act that authorities may refuse asylum seekers who have already obtained a residence permit as refugees.
When should the applicant leave Denmark if the asylum case is processed in the Dublin or rejection procedure?
<p>If the immigration authorities decide that the asylum case must be processed in another European country (the Dublin procedure) or refuse to process the asylum case because the applicant has a residence permit as a refugee in another European country, the applicant must leave Denmark. The asylum case is transferred to the Danish Return Agency, which will ensure that the applicant is sent out of Denmark as soon as possible.</p>
If the Danish Immigration Service decides that the asylum case is to be processed in Denmark, and thus proceeds to the so-called normal procedure, the applicant will typically be summoned for an interview with the Danish Immigration Service. The interview is called an asylum interview, and the interviews are usually longer than the first interview (the information and motivation interview). During the interview, an interpreter will be present. The interpreter has a duty of confidentiality.
<p>After the asylum interview, the Danish Immigration Service will look at the explanation and the relevant background information that can be found about the home country. Sometimes the asylum seeker can be summoned for more interviews if the Danish Immigration Service needs more information before a decision can be made in the asylum case.</p>
When the Danish Immigration Service decides to grant a residence permit as a refugee, it means that the authorities recognize that an applicant is a refugee and has the right to asylum in Denmark. At the same time as the decision to grant a residence permit is made, the Danish Immigration Service also decides where in Denmark the applicant will live - this is called housing placement.
<p>If an asylum seeker is refused asylum and thus a residence permit as a refugee, the asylum case is automatically appealed to the Refugee Appeals Board. The Refugee Board is a court-like, independent administrative body that acts as an appeal body in asylum cases. If an asylum seeker is refused asylum, the applicant is entitled to free legal support from a lawyer who can represent them during the Refugee Appeals Board's processing of the appeal.</p>
What applies to treatment in the manifestly unfounded procedure (ÅG)?
<p>The Danish Immigration Service may decide that the asylum case must be processed in a special procedure if they believe that the asylum application is manifestly unfounded. It follows from section 53 b of the Alien’s Act. If the Danish Immigration Service believes that the asylum case is suitable to be processed in the manifestly unfounded procedure, the Danish Immigration Service sends a recommendation to DRC Danish Refugee Council's asylum department. DRC Danish Refugee Council convenes an interview where an interpreter will be present and where the applicant can explain the reasons for seeking asylum.</p>
What happens if an asylum seeker receives a final rejection on obtaining a residence permit?
<p>If an asylum seeker is finally refused a residence permit as a refugee, the applicant will often be referred to as a rejected asylum seeker. If an applicant, as a rejected asylum seeker, does not have a residence permit on another basis in Denmark, e.g., family reunification or work, the applicant must leave Denmark.</p>
Can the Refugee Appeals Board be asked to reconsider the asylum case?
<p><span class="NormalTextRun SCXW123467553 BCX0">If an applicant receives new and important information relating to their asylum case after they have been rejected by the Refugee Appeals Board, they can apply to the Refugee Appeals Board to have their asylum case reopened.</span> </p>
<p><span class="NormalTextRun SCXW172565929 BCX0">A<span> </span>rejected asylum seeker can<span> </span>leave<span> Denmark </span>themselves. If<span> </span>they<span> do not have the funds to arrange the trip to </span>their<span> home country, the Danish </span>Return<span> Agency can help.</span></span> </p>
<p><span class="NormalTextRun SCXW166019255 BCX0">If an asylum seeker or refugee commit a crime in Denmark,<span> </span>they<span> risk being sentenced to deportation from Denmark. Before </span>they<span> </span>can be deported from Denmark due to an expulsion sentence, the immigration authorities must investigate whether you risk persecution if you are sent back to your home country.</span> </p>
What happens if the authorities cannot repatriate a rejected asylum seeker?
<p>If the Danish Return Agency and the police have not been able to send a rejected asylum seeker out of the country for a long period of time, even though the person cooperates regarding their departure, it is possible to apply for a residence permit in Denmark as a non-deportable person. It follows from the Aliens Act § 9c, paragraph. 2.</p>
What happens if a rejected asylum seeker does not leave voluntarily?
<p><span class="NormalTextRun SCXW16628543 BCX0">If a rejected asylum seeker does<span> not want to leave Denmark voluntarily, the immigration authorities can </span>employ<span> </span>various methods to "motivate"<span> </span>them<span> to accept the refusal and cooperate </span>regarding<span> </span>their<span> departure (so-called motivational measures). The </span>Danish Return<span> Agency takes care of voluntary return journeys, while the police can </span>deport<span> rejected asylum seekers by force.</span></span> </p>