These high criteria for receiving a permanent residence permit, and
naturalisation, poses a significant barrier to all refugees, stateless or otherwise.
While not wishing to undermine claims that all refugees in Denmark should
have facilitated access to citizenship, for stateless refugees this is a greater
concern. A refugee with temporary residence in Denmark can see this status
cease when “the conditions constituting the basis of the residence permit have
changed in such a manner that the alien no longer risks persecution”
(Government of Denmark, 2013, Article 19(1.i)). In contravention of their
obligations under the 1951 Convention, no provisions for cessation criteria for
stateless refugees is made in the Danish Aliens Act.
Thus, no assessment of the stateless refugee's ability to return to their country
of previous habitual residence is made, and contrary to the guidance of
UNHCR, the person can be left with an uncertain status or forced to return to a
country where they do not have a realistic prospect of securing permanent
residence and rights in line with the 1954 Convention. Denmark does not grant
residence based on a person’s statelessness, in line with the object and purpose
of the 1954 Convention, which would at least provide a safety net to prevent
stateless refugee who loses their refugee status, though cannot return to their
country of previous habitual residence, from ending up in legal limbo.
Not taking this ability to return into account means that former stateless
refugees in Denmark can end up in a situation of undeportability and/or
arbitrary detention through no fault of their own (Bendixen, 2011). Asylum
Camp Limbo – A Report About Obstacles to Deportation details the
consequences of this lack of recognition of stateless persons inability to return,
and how they can languish in detention limbo in Denmark (ibid). Such arbitrary
detention of stateless people is a violation of European and international law
(with the exception of a few narrowly construed permissible ground for so
doing) (European Network on Statelessness, 2017).
Establishing the Identity of the Applicant for Naturalisation
There is no legal requirement for an applicant for naturalisation to have proven
their identity in Denmark. However, in order to submit an application for
naturalisation, the person must provide:
a copy of his or her passport and a copy of a permanent residence permit. Often,
foreigners hold a foreign national passport. However, some foreigners may not be in
possession of a national passport for humanitarian or accessibility grounds. In this case
Denmark will normally have issued them an alien’s passport or a convention passport
(for recognized refugees). [Emphasis added] (Ersbøll, 2013, p. 10)
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents