eyes of the Danish police. The authorities had said they suspected they were of Turkish origin, but a language
test showed they spoke Arabic fluently. The Danish Immigration Service reported that the family was granted a
residence permit in the summer 2012 as “un-returnable”, and they were re-registered as stateless.120
The other case mentioned in the publication concerned a stateless Bidoon from Kuwait.121 Kuwait does not
recognize the Bidoon as citizens (bidoon is short for Bidoon Jinsiya which means “without nationality” in Arabic),
and the Bidoon do not have access to employment or healthcare. The stateless Bidoon in this particular case,
having left his wife and five children in Kuwait, went to Denmark to look for employment. He reportedly acquired
a forged Iraqi ID card in 2002, arguably because other asylum-seekers had told him that this would improve his
chances of being granted asylum in Denmark. Quickly after, however, he regretted the forgery and told the Danish
police the truth about the forged card and his situation as a stateless Bidoon. In 2004, he received the final refusal
of his application for asylum. The Danish authorities maintained that he was from Iraq and attempted to return him.
In 2009, the Iraqi authorities declared that his identity card was false and refused to admit him. Later, however,
the Iraqi authorities showed some willingness to reopen the case. The person was imprisoned in a Danish asylum
prison for seven months, on grounds that his physical presence was necessarily in the event of an expulsion order.
The Danish embassy in Kuwait had received no reply from the Kuwaiti authorities, and thus presumed that Kuwait
would not readmit him. The person claimed that if he had received legal counsel from the start, he would not
have lied about his identity, and he would probably have had a greater chance being granted a residence permit
in Denmark. The Danish Immigration Service informed the DIHR late 2012 that the person were to be granted a
residence permit as “un-returnable” and that he would be re-registered as stateless.122
In 2012, the Danish Immigration Service and the Danish Refugee Council (DRC) concluded an agreement on
counseling asylum-seekers.123 This project encompassed asylum-seekers at all phases of the asylum procedure.
Under the agreement, the DRC counseled rejected asylum-seekers who had remained in Denmark for many
years.124 The importance of their assistance in the return efforts was emphasized.
The DRC explained during an interview in 2012 that, in their opinion since 2011, there had been more awareness
of statelessness among all Danish stakeholders. Still, they found that stateless persons in a return position faced
problems, and persons who were “unreturnable” appeared to be a low priority for the Danish Immigration Service.
According to the Aliens Act, the national police must consider questions on return options 18 months after an
application for asylum has been rejected. However, the decision of the Danish Immigration Service to grant a
residence permit based on the fact that a person is unreturnable, pursuant to Section 9c(2) of the Aliens Act, could
take an extra six months. One of the requirements for such a grant is that the ‘return must be considered futile
according to the information available at the time’ (Section 9c(2)(iii)). When that is not the case, another 18 months
must pass before a new application for a residence permit on grounds that someone is unreturnable can be
reconsidered. In this way, several 18-month periods can pass. In the opinion of the DRC, a person’s statelessness
could be the occasion for exempting him or her from the 18-month requirement, since an assessment of the
return possibilities would often be possible from the very beginning, given the likelihood that a stateless person
is unreturnable.
Obstacles to return are discussed by the national police in their annual reports.125 In these reports, emphasis is put
on the receiving countries’ willingness to receive rejected asylum-seekers. They do not deal with the standard of
treatment afforded by these countries to, among others, stateless persons.
38
120
According to an email to DIHR dated 28 November 2012.
121
RW, Asylum Camp Limbo, A report about obstacles to deportation, 2011. p. 34.
122
Information given by the Danish Immigration Service to DIHR in an email dated 28 November 2012.
123
Interview with Danish Immigration Service.
124
Information meetings will be held at the accommodation centers. The aim was that all centers have video equipment with the possibility of
video conferences with the Danish Refugee Council in 2012. In addition, the Danish Red Cross, which is responsible for accommodation
centers, has been contacted with a view to make it possible to refer rejected asylum-seekers to the Danish Refugee Council for further
information.
125
The annual reports by the NUC, ‘Status på arbejdet med udsendelse af afviste asylansøgere’, are available at: https://bit.ly/2CXMiuW.
Mapping Statelessness in Denmark
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