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Administrative Expulsion Orders
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DENMARK
Under the Danish Aliens Act, Section 25, administrative expulsion orders can be issued for
(a) reasons of national security, (b) violation of the Criminal Code or Customs Act or violent
behaviour against national authorities and (c) illegal residence or work without permit.
The most common reason for expulsion is (c). With the 1998 amendment decision, the administrative
expulsion is accompanied by an entry prohibition of one year and can be issued according
to Section 32 (4) of the Aliens Act if:
The alien resides or works in Denmark unlawfully (Section 25 a) (2) (i) of the Aliens Act;
Means of maintenance are insufficient to stay in Denmark and to provide for return to country
of origin (Section 25 a) (2) (ii) of the Aliens Act;
Other reasons of public order, security or health which require the alien’s expulsion (Section
25 a) (2) (iii) of the Alien Act.
Regardless of whether the expulsion is of an administrative or judicial kind, the decision must
take into account family ties and other relevant factors as stipulated under Section 26 of the
Aliens Act.
Judicial Expulsion Orders
A court can take a decision to expel a foreigner who has been convicted in a criminal trial. The
judgement must stipulate the length of an entry prohibition according to section 32 (1)- (3) of the
Aliens Act. The expulsion provisions are based on proportionality between the alien’s length of
residence and the seriousness of the crime and its punishment. 4
Expulsion on Economic Grounds
An expulsion order issued on grounds of insufficient means of maintenance and long-term reliance
on social benefits is subject to the decision of the social authorities in compliance with the
Social Policy Act. Continued residence is possible for third-country nationals only if they can
provide for themselves without relying on social welfare.
Law No. 367 of 6 June 2002, effective since 1 July 2002, regulates social and economic conditions
for refugees in Denmark. The law foresees that only aliens who have resided for at least
seven years in Denmark within the last eight years are entitled to receive the full range of social
benefits.
Refugees who have been in the country for less than seven years are entitled to only 50-70 per
cent of the social welfare benefits. The underlying concept is to discourage asylum seekers from
coming to Denmark and to encourage the in-country refugees and migrants to bear part of the
state burden by earning their own means of sustenance, thereby integrating more easily into
Danish society. This provision applies also to Danish citizens.