Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
A definition of intentional assistance to unlawful entry or stay in Denmark.
In 2003, Denmark amended its Aliens Act with Law 291 of 30 April 2003 pertaining to forced
return of asylum seekers. This amendment, in line with the more restrictive attitude in Danish
migration policy, includes changes to the procedure for granting humanitarian residence permits,
as well as new measures to facilitate the return and deportation of foreigners from Danish
territory, and the use of detention.
The Law came into force on 1 May 2003 and stipulates:
Whereas under the previous legislation an application for a residence permit for humanitarian
reasons had suspensive effect, provided an appeal is lodged immediately after the negative
decision, the new law foresees suspension only being granted if the application is lodged
within 15 days following the first instance of rejection;
The police now have the authority to detain migrants and rejected asylum seekers, who are not
seen to be cooperative on their departure from Denmark. The detention is subject to judicial
control, but the detention period is not limited;
• Previous legislative procedure required the approval of a court, whenever the police transferred
bio data to the authorities of the countries of origin or transiting countries;
Cooperative rejectees may be granted an incentive one-time assistance of DKK 3,000 (approx.
EUR 400).
Danish laws also permit the repatriation of foreign nationals with residence permits (repatriering),
while implementation of laws aiming to repatriate foreign nationals without residence permits
(frivillig udresjse) was actively pursued in 2003.
Expulsion
The Aliens Act foresees that asylum seekers whose application has been rejected in a final decision
must leave Denmark immediately. The decision to remove failed asylum seekers forcibly, if
they do not leave voluntarily, is made simultaneously with the decision to reject their application
for asylum. There are three types of expulsion orders for foreigners lawfully staying in Denmark
with different procedural and legislative implications:
Order to leave based on criminal action – such expulsion orders are generally issued by a
court in connection with a criminal conviction;
Withdrawal of residence permit where the grounds for granting residence have ceased, or
conditions of residence permission are otherwise not fulfilled;
Expulsion based on maintenance-related grounds – such expulsion is decided in accordance
with the social welfare legislation in cases where aliens become dependent on long-term welfare
benefits. The competence of decision lies with a Directorate under the Ministry of Social
Affairs and is subject to the provisions of the Act on Active Social Policy.
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