Asylum denied, nationality, time limit for process

By New Times - 12.03.2010

Advisers at Dansk Flygtningehjælp answer your questions about asylum and the law.

I am an asylum seeker from Ghana, and I have recently been denied asylum in Denmark. The method of notification for my denial was not conventional - after my interview with the Immigration Service, I waited longer than the time advised by the officials and then received my "negative" answer from a police officer who asked me to sign a form stating I would voluntarily leave Denmark. I was not offered a chance to appeal this decision or make any other applications to defend my case. My question is: why was I not notified of the decision through more conventional means, such as in a formal letter from the Immigration Service? Why was I not allowed to make an appeal even though my case had followed all normal procedures?

A minority of asylum cases are considered "manifestly unfounded". This means that the Immigration Service considers the applicant clearly ineligible for asylum. Furthermore, in certain cases, asylum applications are processed according to an expedited track of the procedure taken for manifestly unfounded cases. This happens when the asylum seeker comes from a country where, according to the most up-to-date information available, it is unlikely that he or she would be at risk for persecution. Ghana is considered such a country. In these cases, the asylum seeker is not asked to fill out an application form, but rather he or she is referred directly to an interview with the Immigration Service. The Danish Refugee Council is also asked to give a statement on the case. If this statement is in accordance with the ruling of the Immigration Service, the application will be rejected as soon as possible without contest. If, on the other hand, the Danish Refugee Council disagrees, the Immigration Service will generally maintain its rejection of the application, but will refer the case to the Refugee Appeals Board for a final ruling.

From the letter you received, it appears that you received a rejection without the possibility to appeal. If that is the case, there is nothing more you can do in the Danish asylum system and the authorities expect you to go back to your home country. This is why you were asked by the Danish National Police to sign a form of voluntary return.

It is normally the police who serve rejections letters to asylum seekers. That is to make sure that the applicant receives the decision and is given the opportunity to talk to police about voluntary return to the home country.

I am a refugee in Denmark, I have no nationality now. I have a blue UN refugee passport. My partner is an asylum seeker. We have a child who was born here in Denmark. What nationality does our child have?

A child born in Denmark to parents who do not have Danish citizenship does not automatically become a Danish citizen. The nationality of the child is determined upon the national rules concerning citizenship in the father’s home country and in the mother’s home country. If one of the parents is stateless, the nationality of the child will be that of the other parent.

It is now three months since I asked for asylum in Denmark. I am still waiting to hear if my application is accepted here. Is there a time limit within which I should hear?

The European Union has adopted the Dublin Regulation which establishes in which country an application for asylum in an EU country should be processed. According to the terms of this Regulation, an asylum application can only be processed in one EU country. If an asylum seeker has been in contact with authorities in another EU country before coming to Denmark, his or her asylum application may not be processed in Denmark. Instead, the asylum seeker will be sent to the country of first registration, where his or her application will be processed.

The initial process of determining whether an application for asylum should be processed in Denmark or another EU country takes an average of three months to complete, although it may take as long as six months.

I have just received a negative answer on my asylum application here in Denmark. Is it possible, if I request it, that I can be sent to a third country that is safe, rather than be deported back to my home country?

If an asylum seeker has resided in another country, other than the home country, then Danish Immigration Service may refer the asylum seeker to that country to process the asylum application. 'Safe third countries' include Switzerland, the United States, and Canada.

However, it is only prior to the processing of your asylum application that you can be referred to a safe third country, not after your asylum case has been decided. If you have received a final rejection from the Danish Immigration authorities, you are expected to return to your home country.

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You can also contact:
Dansk Flygtningehjælp
Legal Counselling Unit
Asylum Department
Borgergade 10
Postbox 53
1002 København K

www.drc.dk
Email: advice@drc.dk

Free Legal Counselling for asylum seekers every Wednesday
from 13:00 - 15:00
You need to present your questions in Danish or English.