Avenues for appeal
When the Immigration Service turns down an application for asylum, this will happen following to one of two different procedures. The avenues for appeal depend on which procedure was followed.
Normal procedure
When a case is processed according to normal procedure, a rejection is automatically appealed to the Refugee Appeals Board. The Refugee Appeals Board is a court-like body consisting of three members. The Chairman is a High Court Judge or Supreme Court Judge, and the other two members are appointed upon nomination by, respectively, the Council of the Danish Bar and Law Society (Advokatrådet), and the Minister for Refugee, Immigration and Integration Affairs. Read more about the Refugee Appeals Board.
The Immigration Service refers the case to the Refugee Appeals Board at the same time that the asylum applicant receives a written rejection of his/her application for asylum. The case will be re-evaluated by the Refugee Appeals Board. The asylum seeker has the right to remain in Denmark until the Refugee Appeals Board has ruled in the case.
Manifestly unfounded procedure
When a case is established as manifestly unfounded, this means that the Immigration Service clearly perceives no grounds for granting asylum. In other words, the reasons given by the asylum seeker in his/her asylum application form or during the interview do not meet the conditions for asylum as listed in the Danish Aliens Act.
If the Immigration Service believes that an asylum application is manifestly unfounded, the Danish Refugee Council will assess the case. The Danish Refugee Council is a private, independent humanitarian organisation. Read more about the Danish Refugee Council.
If the Danish Refugee Council concurs with the opinion of the Immigration Service, the asylum seeker will be rejected, and must leave Denmark immediately. The asylum seeker cannot appeal this decision. If, on the other hand, the Danish Refugee Council does not agree with the ruling of the Immigration Service, the Immigration Service will normally maintain the rejection, but the case will be referred to the Refugee Appeals Board.
How the Refugee Appeals Board handles appeals
The Refugee Appeals Board is the final avenue for appeal in asylum cases where the decision of the Immigration Service can be contested. When the Refugee Appeals Board verbally handles a case, the asylum seeker will normally be present for the hearing. An attorney will be appointed to represent the asylum seeker's interests. The Refugee Appeals Board will appoint an attorney, though the asylum seeker also has the option to choose his/her own attorney. The Danish state will pay the legal fees. The board can also deal with cases on a written basis.
Rulings by the Refugee Appeals Board
If the Refugee Appeals Board agrees with the Immigration Service's rejection, the ruling is upheld. This means that the asylum seeker must leave Denmark either within seven days or, in the Refugee Appeals Board decides that the case is urgent, immediately.
If the Refugee Appeals Board does not agree with the ruling of the Immigration Service, the applicant is granted a residence permit as a refugee or under Protected Status. The refugee is then covered by regulations stipulated in the Danish Integration Act, and the Immigration Service will inform the refugee where in Denmark he/she is to reside.
Rulings by the Refugee Appeals Board are final. This means there are no further avenues for appeal.
Residence permit on humanitarian grounds
If substantial humanitarian considerations warrant it, the Ministry of Refugee, Immigration, and Integration Affairs has the authority to grant a temporary residence permit to an asylum seeker whose application for asylum has been rejected. Very few permits of this type are granted.
If an application for a residence permit on humanitarian grounds is turned down, the Ministry will set a seven-day deadline to leave Denmark. The Ministry may also require the appliant to leave immediately.
If a person applying for a residence permit on humanitarian grounds has been allowed to stay in Denmark during the processing of an application for another type of residence permit, such as asylum, the Ministry will not set a deadline to leave Denmark.
If an application for an extension of a residence permit on humanitarian grounds is turned down, the Ministry will set a one-month deadline to leave Denmark.