legal and social conditions for asylum seekers and refugees in ...

If, following this interview, the DRC disagrees with the Immigration Service’s decision to classify the
case as manifestly unfounded, it has the right to veto the decision. The Immigration Service will be
informed, and the case will be automatically transferred to the normal determination procedure. In
1999, this happened in approximately 17% of cases.
However, if the DRC agrees that the case is manifestly unfounded, the Immigration Service is
informed and shortly afterwards the asylum seeker will be notified that his/her application has been
rejected. There is no right of appeal against negative decisions in the manifestly unfounded
procedure, and the rejected asylum seeker will be required to leave the country immediately. An
application for permission to stay in Denmark on humanitarian grounds (under Section 9.2.2. of the
Aliens Act) can however be submitted to the Ministry of Interior. Such an application must be
submitted immediately upon receiving notification of rejection, if it is to have suspensive effect
regarding deportation while a decision is pending (this normally takes just a few days).
The average time required to process a case in the manifestly unfounded procedure varies, but on
average it takes approximately 90 days.
Accelerated manifestly unfounded procedure: in September 1994, a special fast-track procedure was
introduced within the manifestly unfounded procedure for certain categories of asylum seekers. This
is an administrative measure, based on an agreement between the Central Police, the Immigration
Service and the Danish Refugee Council. It is aimed at reducing the processing time in cases where
it is almost certain that the persons concerned will be rejected under the manifestly unfounded
procedure.
Except that applicants do not fill in an application form, the fast-track procedure is similar to the
normal manifestly unfounded procedure – including the interview with the DRC and the possibility for
the DRC to veto the Immigration Service’s decision – but time limits are shorter. It normally takes
between two-three days to one week to make a decision under the accelerated manifestly
unfounded procedure. Applicants may be detained during the entire procedure, although for no
longer than seven days.
A special “white list” was drawn up of countries from which citizens are unlikely to be granted refugee
status. These countries are the Baltic states, Bulgaria, Romania, Russia, the Czech Republic,
Slovakia, Poland as well as all Western European countries, USA, Canada, Australia, New Zealand,
Japan and some African states.
Normal determination procedure
Appeal
Asylum cases that are not considered to be manifestly unfounded are processed in the normal
determination procedure. The Immigration Service, on the basis of the information given in the initial
questionnaire, interviews asylum seekers. The Immigration Service will subsequently take a first
instance decision on the case.
In 1999, according to the Immigration Service, the average time required to process an asylum
seeker’s case in first instance was 105 days.
An asylum application rejected by the Immigration Service under the normal procedure will
automatically be appealed to the Refugee Appeals Board (“Flygtningenævnet”). Appeals have
suspensive effect. Applicants who are refused Convention status but granted de facto status by the
Immigration Service may also appeal such decision.
The Refugee Appeals Board is composed of a chairman, who is a professional judge, and four board
members nominated by the Danish Refugee Council, the Danish Bar Association, the Ministry of
Foreign Affairs and the Ministry of Interior.
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Denmark