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.
DRC Danish Refugee Council has a veto in the manifestly unfounded procedure. After the interview, DRC Danish Refugee Council therefore decides - based on the case information, as well as knowledge of rules and practice - whether the asylum case is suitable to be dealt with in the manifestly unfounded procedure.
If DRC Danish Refugee Council agrees that the asylum case is obviously unfounded, a refusal from the Danish Immigration Service will be final, and the applicant cannot complain about it to the Refugee Appeals Board.
If DRC Danish Refugee Council believes that the asylum case does not belong in the manifestly unfounded procedure, the applicant will have the opportunity to complain to the Refugee Appeal Board if the Danish Immigration Service rejects to grant a residence permit as a refugee.
As a starting point, the Refugee Appeals Board deals with cases that have been started in the manifestly unfounded procedure, on a written basis, and the applicant can therefore not appear before the Refugee Appeals Board. The applicant will still be represented by a lawyer.
A case can be considered to be manifestly unfounded if the case concerns matters which are clearly not relevant in relation to obtaining a residence permit as a refugee, if the explanation must obviously be considered unreliable, or if the case in the light of the Refugee Appeals Board's practice is obviously hopeless.
For asylum seekers from a number of specific countries, e.g. an EU country, the asylum case can be processed in a particularly fast procedure, the so-called manifestly unfounded urgent procedure (ÅGH).
If an asylum case is dealt with in the manifestly unfounded urgent procedure, you will in principle not have to fill in an asylum form. The Danish Immigration Service will also not use the Dublin procedure, regardless of whether you have applied for asylum in another European country first.
However, depending on the circumstances, the Danish Immigration Service may choose to process an asylum case in the normal procedure, regardless of whether the person comes from one of the countries that are normally processed in the manifestly unfounded urgent procedure.
The list of nationalities that can be dealt with in the manifestly unfounded urgent procedure is regularly reviewed by the immigration authorities and DRC Danish Refugee Council.
In addition to the deadlines being shorter for cases processed in the ÅGH procedure, they are processed in DRC Danish Refugee Council in exactly the same way as the ordinary ÅG cases.