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DENMARK
1. INVOLUNTARY RETURN
1.1 POLICY
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DENMARK
Danish migration policy has, over the last decade, become more and more restrictive, focusing
currently on limiting inflows while strengthening integration of those already in Denmark.
The Danish government announced in June 2002, that its migration policy aims at complying
with international refugee conventions, but also on limiting the number of in-flowing migrants,
while strengthening and encouraging the capacity of migrants already legally in Denmark to
support themselves, in order to integrate better and reduce the burden on the social welfare system.
In 2002, Denmark recorded a strong decrease in asylum applications. In comparison to 2001
(12,512) the number of asylum claimants dropped by 51.5 per cent to some 6,068 asylum
seekers. 1 This decrease is, according to ECRE, not only a result of the positive political changes
in some of the traditional refugee origin countries for Denmark (e.g. Afghanistan), 2 but also a
result of the new restrictive Danish legislation and migration policy.
Amendments to the Aliens Law, effective since 2002 and 2003 seem, in fact, to have discouraged
potential asylum seekers. Thus, the trend of decreasing asylum applications continued in
2003, where the number of asylum seekers is lower than for the same period (January to September)
in 2002 by 26 per cent. 3
The Danish government has some reservations about EU policy in the field of immigration and
asylum, so the instruments adopted at EU level in this field do not generally apply in Denmark.
Yet, in regard to investigation and tracing of asylum seekers and illegal migrants, the Danish
government consented to introduce the EURODAC system, which requires the negotiation and
ratification of intergovernmental agreements between Denmark and other Member States.
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
The Aliens Act No. 226 of 8 June 1983, and its subsequent amendments, provide the main
legislative body for forced return.
Law 367 of 6 June 2002 provides:
• Removal of the right to remain in Denmark during a process of appeal after a decision of
expulsion for aliens falling under the EC rules;