Specifically, the UNHCR Handbook recommends that states grant persons recognized as stateless a residence
permit valid for a period of at least two years. Further, it notes that permits of a longer duration, for example five
years, are preferable in the interests of stability.205
As already mentioned, in order to settle in Denmark, a foreigner who is not a Nordic, an EU or EEC national must
be granted a residence permit. Such permits may be granted for asylum, family reunification, work, education or
other reasons. Stateless persons are not able to regularize their immigration status solely on the basis of being
stateless. Statelessness may be an element that can weigh in an asylum procedure, but a residence right does not
follow from being stateless only.
There are, however, a few provisions in the Aliens Act, which may provide for a right of residence for stateless
persons who are at risk of continuing insecurity and prevented from enjoying rights guaranteed by the 1954
Convention and other international human rights instruments.
One of these provisions is Section 7(2) of the Aliens Act, which states that a residence permit will be issued if an
alien risks the death penalty or being subject to torture or inhuman or degrading treatment or punishment in case
of return to his country of origin. According to the Immigration Service, the scope of this provision is broad enough
to comprise foreigners who are subjected to other human rights violations than those explicitly mentioned in the
provision (i.e. death penalty, torture). In addition, foreigners who are at risk of abuse and who for this reason cannot
enjoy their basic human rights may be covered. The question is whether this protection is broad enough to cover
stateless persons in need of protection because they cannot enjoy civil, economic, social and cultural rights in their
country of origin or another country.206
Another provision is Section 9(c)(1) of the Aliens Act, which provides for a residence permit to be issued to an
alien ‘if exceptional reasons make it appropriate’. This provision is only used in exceptional cases, and if it were to
apply to stateless persons who cannot enjoy basic human rights in another country, it would be a completely new
interpretation of the provision.
The third and last possibility is the application of Section 9(c)(2) of the Aliens Act. According to this provision, a
residence permit may be issued to an alien whose application for asylum has been refused. Three conditions must
be fulfilled as follows:1) that it has not been possible to return the applicant during a period of 18 months; 2) that the
applicant has assisted in the return efforts during these 18 months and 3) that deportation remains improbable.207 If
a residence permit is issued because deportation was not possible, it is valid for an initial period of 12 months. After
this, it is possible to apply for an extension of the permit if it remains impossible for the applicant to leave Denmark
by his or her own free will and the police are still not able to enforce deportation.
The provision in Section 9(c)(2) has been used in a number of cases concerning stateless persons. In some
cases, however, stateless persons have waited many years before they were able to meet all conditions and
thus to benefit from the rule.208 In 2012, during an interview the Immigration Service has informed that they and
the Danish Refugee Council had entered into an agreement on counselling asylum-seekers. It was a project with
considerable funding, and asylum-seekers at all phases in the asylum procedure could be included. It followed
from the agreement that the Danish Refugee Council would conduct a project with particular counselling efforts
in relation to rejected asylum-seekers who, subsequently, had stayed in Denmark for many years. The importance
of their assistance in the return efforts would be emphasized. Moreover, information meetings would be held
at the accommodation centers. The aim was that all centers had video equipment with the possibility of video
205
See Handbook, para 148 (noting also the 1954 Convention’s prescription under Article 32 that states facilitate naturalization of stateless
persons); see also ibid, para 152 (noting that “habitual residence” rights “may be activated…if the individual can be considered to be living
in the country on a stable basis”).
206
Handbook, paras. 147 (on the right to a life of security and dignity) and 157 (on the right of residence).
207
See the Aliens Act, Consolidation Act 412 of 9 May 2016 with later amendments, available at https://bit.ly/3hLMgp4.
208
It should be noted that the 18 month-term of making an effort to return can be extended repeatedly with 18 months.
UNHCR Representation for the Nordic and Baltic Countries
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