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'.
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.
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.
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.
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.
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.
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.
If an asylum seeker or refugee commit a crime in Denmark, they risk being sentenced to deportation from Denmark. Before they 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.
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.
If a rejected asylum seeker does not want to leave Denmark voluntarily, the immigration authorities can employ various methods to "motivate" them to accept the refusal and cooperate regarding their departure (so-called motivational measures). The Danish Return Agency takes care of voluntary return journeys, while the police can deport rejected asylum seekers by force.