Possible reconsideration of decisions concerning re-education travels
In the light of a European Court of Human Rights judgment it is possible to have decisions reconsidered where a residence permit has lapsed or where an application for a residence permit has been refused due to a long stay abroad in the framework of a re-education travel.
In June 2011 the European Court of Human Rights passed a judgment in a particular case where a now adult Somali woman’s residence permit in Denmark lapsed after she had been sent on a long-term re-education travel to Kenya.
The Court found that rejecting to exempt from the revocation of the woman’s residence permit was in contravention of the provisions of the European Convention on Human Rights concerning the right to respect private and family life.
On the basis of the judgment the then Ministry of Refugee, Immigration and Integration Affairs elaborated a "Note concerning the interpretation of the European Court of Human Rights judgment dated 14 June 2011 in the case Osman vs. Denmark (appl. no. 38058/09) of 8 July 2011" which was added to the home page on 24 August 2011. The note contains a detailed description of the case, the adjusted case-law and the impact of the adjusted case-law on pending and already settled cases.
If you have received a decision according to which your residence permit is considered lapsed or a decision about a refusal of an application for a residence permit due to the fact that you have stayed in a different country for a period of time as a part of a re-education travel, you may apply to have the case re-opened by contacting the Danish Immigration Service. The decision whether there is any reason to re-open the case is based on a particular evaluation of the circumstances of the case.
Contact the Danish Immigration Service.
See Note concerning the interpretation of the European Court of Human Rights judgment dated 14 June 2011 in the case Osman vs. Denmark (appl. no. 38058/09)
Read the judgment.
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