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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