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.

The applicant has the right to complain to the Refugee Appeals Board about the rejection. The deadline for complaints is seven days, and the applicant also has the right to ask DRC Danish Refugee Council to represent them during the complaint process. 

When DRC Danish Refugee Council represents an asylum seeker during the complaint processa meeting is held with the asylum seeker and a complaint is written, which is sent to the Refugee Appeals Board. DRC Danish Refugee Council also informs the asylum seeker about the outcome of the case. 

In contrast to the Dublin procedure, the applicant does not automatically have the right to stay in Denmark while the Refugee Appeals Board handles the appeal.