JOHANSEN v. DENMARK DECISION
expulsion in view of Denmark’s international obligations. It stated, inter alia,
the following:
“ ... It has been stated for the purposes of this case that the prosecution anticipates
that the person in question will be sentenced to six years’ imprisonment.
Furthermore, it has been stated that, in the assessment of the prosecution, a claim
should be made for an expulsion order combined with a permanent re-entry ban in the
criminal case if the relevant person is deprived of his Danish nationality in pursuance
of section 8b(1) of the Danish Nationality Act.
The defendant has been in pre-trial detention since 7 April 2016.
Provided that [the applicant] is deprived of his Danish nationality, the prosecution has
requested the Danish Immigration Service to make an assessment of the issue of
expulsion. ...
Personal circumstances (section 26(2) of the Aliens Act)
As regards the issue of whether a decision to expel [the applicant] may be considered
to be contrary to Denmark’s international obligations, the Danish Immigration Service
refers to the police report of 20 April 2017. The following appears from the report:
[The applicant] has changed names from X [to his present name]
[The applicant’s] mother originates from the Faroe Islands and his father from Tunisia
[The applicant] was born in Torshavn on the Faroe Islands
[The applicant] moved to Denmark with his parents at the age of 3 and has lived in
Denmark ever since, except for a period from 2 December 2005 to 20 June 2006 when
he lived in Tunisia together with his parents
[The applicant] was confronted with the information from the Tunisian Embassy in
the Netherlands that he was a Tunisian national
[The applicant] has never considered himself a Tunisian national, nor has he been
aware that he was a Tunisian national
[The applicant] did not know that he had a Tunisian passport at his home
[The applicant’s] social network in Tunisia comprises his father and a few unnamed
family members with whom he does not have any contact
[The applicant] and his live-in partner, who is a Danish resident, have married in a
Muslim ceremony, and they have a minor son
[The applicant’s] social network in Denmark further comprises his mother, one sister,
one half-sister as well as friends and remote relatives
[The applicant’s] social network on the Faroe Islands comprises his maternal
grandmother and grandfather and remote relatives
[The applicant] speaks Danish, Faroese and a little Arabic
[The applicant] suffers from a distorted vertebrae, asthma and obesity
In the assessment of the Danish Immigration Service, it will have no consequences on
the right of residence of [the applicant’s] live-in partner or child if Adam Johansen were
to be expelled from Denmark. ...
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