Denmark provides protection and assistance to asylum seekers whose applications are awaiting approval. Asylum seekers are provided with financial assistance, cash allowances, living accommodations in asylum centers, health care, and access to education during the application process.542 3. Refugee Status Determination Process: The Legal Framework Denmark, although a member of the EU, did not participate in the adoption of Directive on Asylum Procedures 2005/85/EC, and therefore claims it is not bound to implement it.543 According to Denmark’s 2013 Aliens Consolidation Act, residence permits can be issued to those falling “within the provisions of the Convention relating to the Status of Refugees.”544 However, the Aliens Act does not seem to incorporate the text of the 1951 Convention: Article 1A of the 1951 Convention is only mentioned as the criteria for non-refoulement545 and references to Article 1D (along with Articles 1C, 1E and 1F) are completely absent. In addition, even though not Party to the Qualification Directive,546 “Denmark grants residence to asylum seekers who face the death penalty, torture or inhumane or degrading treatment or punishment if they return to their country of origin,”547 which clearly reflects the criteria for subsidiary protection set by Article 15 of the Directive. 4. Refugee Status Determination: Article 1D Article 1D plays no role in the determination of status for asylum seekers of Palestinian origin because Danish authorities consider the provision to be inapplicable as long as UNRWA continues its functions.548 542 114 New to Denmark [Danish Immigration Service], “Conditions for Asylum Seekers,” accessed November 18, 2014, http://www.nyidanmark.dk/en-us/coming_to_dk/asylum/conditions_for_ asylum_applicants/conditions_for_asylum_applicants.htm. 543 Council of the European Union, “Council Directive 2005/85/EC of December 1 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status,” January 2, 2006, http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32005L0085, Preamble, para. 34. 544 State of Denmark, “Aliens (Consolidation) Act - Consolidation Act No. 863 of 25 June 2013,” June 25, 2013, http://www.nyidanmark.dk/NR/rdonlyres/2A42ECC8-1CF5-4A8A-89AC-8D3D75EF3E17/0/ aliens_consolidation_act_863_250613.pdf, Article 7(1). 545 Ibid., Article 31(2). 546 Council of the European Union, “Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on Standards for the Qualification of Third-Country Nationals or Stateless Persons as Beneficiaries of International Protection, for a Uniform Status for Refugees or for Persons Eligible for Subsidiary Protection, and for the Content of the Protection Granted (recast),” December 13, 2011, http://www.refworld.org/pdfid/4f197df02.pdf, Preamble, para. 51. 547 New to Denmark [Danish Immigration Service], “Asylum - FAQ,” accessed November 18, 2014, https://www.nyidanmark.dk/en-us/faq/asylum.htm. 548 See BADIL Resource Center, Closing Protection Gaps: A Handbook on Protection of Palestinian Refugees in States Signatories to the 1951 Refugee Convention. Jurisprudence Regarding Article 1D 2005-2010, 154–156. Handbook on Protection of Palestinian Refugees

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