Appeals reviewed by the Refugee Appeals Board
If your application for asylum have been refused by the Immigration Service after being processed according to the standard procedure it will automatically be reviewed by the Refugee Appeals Board.
The Refugee Appeals Board is an independent panel set up like a court. It has three members.
When the Refugee Appeals Board reviews a decision, the board’s chair or a vice-chair leads the proceedings. An additional member is appointed on the recommendation of the Council of the Danish Bar and Law Society, and the last member is appointed on the recommendation of the Minister of Immigration and Integration. Refugee Appeals Board decisions are made by simple majority. Each member gets one vote.
The Refugee Appeals Board normally hears oral testimony. This means that you will be summoned to appear before the Board where you will have the opportunity to put forward your own comments. Written testimony can be considered in special cases, such as if you are seriously ill and cannot appear to testify.
You have the right to be represented by a lawyer. If you do not appoint a lawyer, the Refugee Appeals Board will appoint one on your behalf.
While the lawyer is appointed, the Refugee Appeals Board pays for the lawyer’s assistance. The right to be represented by a lawyer does not apply in cases in which the Refugee Appeals Board considers whether you should be granted asylum in accordance with Aliens Act Section 7 (1), (2) or (3) (so-called determination of status).
If the Refugee Appeals Board agrees with the Immigration Service’s refusal, the decision is upheld. The Board will normally order you to leave Denmark within 7 days. If you do not leave Denmark voluntarily before the deadline, you can be escorted out of the country. If the Refugee Appeals Board disagrees with the Immigration Service’s refusal of asylum, the Board will change the decision made by the Immigration Service and you will be granted residence in accordance with Section 7 (1), (2) or (3).