on statelessness in concrete cases. This responsibility may be carried out within different divisions of the Danish
Immigration Service during their handling of cases on asylum, family reunification, residence based on EU Law,
work permits, etc. Concerning stateless persons who do not have a pending case in the Immigration Service, the
competence is placed in the Immigration Service’s division Citizen Service.159
The Danish Immigration Service introduced the statelessness registration procedures in the second half of 2011,
after the increased attention paid to statelessness in the wake of the aforementioned ‘statelessness case’. The
new procedures are not formalized in law. However, in May 2013, the Parliament adopted an Act amending the
Aliens Act on registration of foreigners’ basic personal data.160
Even though the Article 1(1) definition of a stateless person is widely used by the Danish authorities, including the
Danish Immigration Service and Statistics Denmark,161 some stateless asylum-seekers in Denmark up to 2012 have
had difficulty with obtaining a determination of their statelessness.162 Until mid-2011, there was no direct focus
on ‘statelessness determination’, but rather a focus on establishing the identity of the individual asylum-seeker.
According to the NUC, which took care of the first registration of asylum-seekers until 2016 when it was substituted
by the UCN, when filling in questions on ‘nationality’ in the NUC’s case registration system (POLSAS) the officer
had to choose between listing the applicant’s country of origin or the applicant’s nationality status.163 The Danish
term ‘nationalitet’ is not commonly used as synonymous with ‘citizenship/nationality’, but rather understood as
signifying ‘the country of origin’. This may explain why the applicant’s country of origin was in a number of cases
listed under ‘nationality’ – regardless of whether the applicant was ‘a national’ or ‘stateless’.164 The national police
realized the flaws of the case registration system in relation to stateless persons and, for the very same reason,
established as of 1 January 2012 a database listing necessary information to be filled in, including a checkbox
on statelessness. The so-called NUC-list was correlated with POLSAS and since then, statelessness has been
registered, initially in accordance with the applicant’s information and documentation, and data security has been
ensured. This is a very positive development.165
3.3.1 Competent authority
As mentioned above, from 2016 until 2019 the UCN has been responsible for the first registration of spontaneous
asylum-seekers arriving in Denmark, and in this connection, registers the asylum-seekers’ nationality or
statelessness.
The Danish Immigration Service is the responsible authority for issuing foreigners a residence permit and has, as
such, the responsibility for registration and determination of foreigners’ statelessness.
In practice, the Danish Immigration Service has delegated the competence to determine and register statelessness
to its different divisions. At any time, a stateless person present in Denmark may apply for registration and
recognition as a stateless person by approaching the Danish Immigration Service.
159
See information on the Citizen Service on New to Denmark, available at: https://bit.ly/2DcFKZg.
160
See the Act No. 430 of 1 May 2013, available at: https://www.retsinformation.dk/forms/r0710.aspx?id=146542. According to Section
48(e) of the Aliens Act, it is now up to the police to register among other things the nationality/statelessness of foreigners who apply
for a residence permit. The police’s registration is based on the information provided by the applicant and other available information.
Subsequently, when an asylum-seeker has been allowed to stay in Denmark during the processing of his or her case, it is up to the
Immigration Service, if necessary, to institute an inquiry to establish said person’s nationality/statelessness.
161
For example, the Article 1(1) definition appears on informational materials about how to obtain an alien’s passport. These passports
themselves include an explicit reference to the 1954 Convention’s Article 1(1) definition. See information on passports for foreign nationals
on New to Denmark, available at: https://bit.ly/30SNubd.
162
To some extend this may be explained by lack documentation, including identity documents.
163
Interview with the NUC, August 2012.
164
See more about the Danish use of the word ‘nationality’ on the website of EUDO, available at: https://bit.ly/39zp22f.
165
A representative of the National Police explained this during an interview on 24 August 2012.
UNHCR Representation for the Nordic and Baltic Countries
45
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