According to the Danish Immigration Service, the determination of statelessness for the purpose of registration
is often simple because the evidence is sufficiently clear.179 Many stateless persons, including stateless asylumseekers, belong to identified groups of stateless persons satisfying the definition of a stateless person under Article
1(1) of the 1954 Convention. Thus, statelessness may be registered on a prima facie basis in such cases where there
is no doubt as to whether the applicant comes within the scope of the definition of the 1954 Convention after the
Immigration Service has interviewed the applicant and checked the available country of origin information.
Correct identification and registration of statelessness is normally straightforward when the immigration authorities
deal with persons coming to Denmark as students, researchers, workers or as persons to be reunited with family
members, since these groups normally hold a passport or a travel document for stateless persons. Correct
registration of statelessness may be more complicated with regard to asylum-seekers who more often are unable
to provide evidence of their nationality or lack thereof. In such cases, a more thorough examination is necessary.
The Danish Immigration Service’s Country of Origin Information Division may obtain information on statelessness
in a particular country through the Danish Ministry of Foreign Affairs, a Danish representation in the country or
through UNHCR. Specialists from the Country of Origin Information Division may also go abroad themselves in
order to explore how matters actually stand in a certain country. Consular authorities of other countries are not
approached in the case of asylum-seekers.
The Country of Origin Information Division began their collection and collation of background information about
statelessness in countries where stateless persons who arrived in Denmark previously had their habitual residence.
When new groups – or individuals – have arrived from countries where stateless persons or populations live, new
investigations have been initiated. The inquiries are not only general, but may also be posed in respect of individual
cases. The division’s regional experts are consulted by staff from other divisions of the Danish Immigration Service,
whenever a need arises.
When the Danish Immigration Service can conclude to a reasonable degree that a person is stateless, after that
individual has, to the best of his/her ability, informed the authorities about his/her identity and handed over any
documentation in his/her possession, that person’s statelessness is accepted.180
When doubt arises, it is often related to uncertainty about the applicant’s country of origin. As an example, doubts
have arisen in certain cases where applicants have claimed to be Rohingya originating from Myanmar although
there were many indications that they originated from Bangladesh.181
3.3.2.3 Access to courts (appeal procedures)
In practice, the Danish Immigration Service expects to be able to complete a procedure during which a person’s
statelessness may be established within three months. In some cases however, the procedure may take longer,
for instance in cases where it is necessary for the Danish Immigration Service to obtain information on nationality
legislation and practice in the applicant’s country of origin/habitual residence.
If the Danish Immigration Service does not recognize and register a person as stateless pursuant to the 1954
Convention, the applicant will be informed about his/her right to appeal the decision.
Originally, appeals concerning establishment of a person’s identity fell within the competence of the Ministry of
Immigration and Integration. However, as of 1 March 2017, the ministry’s competences was transferred to the
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179
This was explained during an interview in August 2012 with the head of the Second Asylum Division.
180
According to an interview with the Immigration Service, August 2012.
181
According to interviews with the Immigration Service in August 2012 and a member of the refugee Appeals Board in January 2013.
Mapping Statelessness in Denmark
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