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.
Denmark is - like all other countries - obliged to comply with the principle of refoulement, which means that a country must not send a person to another country where he or she is at risk of persecution or violation of fundamental human rights.
The Danish authorities must therefore not send a person out to a country where that person may risk torture or other forms of serious violations of their human rights.
It is the Refugee Board that ultimately assesses whether a person sentenced to deportation can be sent to their home country, or whether they would risk persecution or abuse.
An expelled person at risk of persecution in their home country cannot be deported, but instead remains in Denmark under what is called tolerated stay.
Tolerated stay is also a possibility if an applicant has committed a crime in their home country or elsewhere that is so serious that they are excluded from protection and lose the right to be recognized as a refugee, but still risk persecution in their home country and therefore cannot be returned.
A person who, on the one hand, cannot be granted asylum in Denmark due to such a crime, but on the other hand also cannot be deported from Denmark due to the risk of persecution in their home country, is on so-called tolerated stay.
Persons on tolerated stay do not receive a residence permit, cannot freely choose where they want to live, do not have the right to work and will be supported by the Danish Immigration Service. Typically, they will be required to live at Kærshovedgård and will have to report daily or weekly to the police.