Denmark. The Immigration Service will assign the refugee to a municipality where
he or she will live. Once the refugee has been assigned to a municipality, the local
council will become the primary service provider for the refugee. The local council
may provide Danish language courses, educational and job training opportunities,
and housing and financial assistance to the refugee.556
Residence permits are granted for 4 years for beneficiaries of refugee status or
subsidiary protection.557 After 5 years of legal residency in Denmark, refugees can
apply for permanent residency (other requirements may also apply). 558 Refugees
applying for permanent residency after 8 years of legal residency in Denmark fall
under a special rule: they must not have a criminal record, must sign a declaration of
integration and active citizenship, and must demonstrate a willingness to integrate
to life in Denmark. An individual may demonstrate a willingness to integrate to
life in Denmark by participating in introduction programs, working, enrolling in
educational programs, taking courses, or learning Danish.559
An asylum seeker whose application is rejected will be referred to the Refugee
Appeals Board. This process occurs automatically, except in “manifestly unfounded”
cases, in which the Immigration Service determines the applicant clearly has no
basis for seeking asylum. Manifestly unfounded cases are referred to the Danish
Refugee Council for review. If the Council agrees with the ruling, that the applicant
has no basis for seeking asylum, the applicant must immediately leave Denmark, and
cannot appeal the decision. If the Council does not agree, the case is usually sent to
the Refugee Appeals Board.560
The asylum seeker has the right to remain in Denmark until the three-member
Board makes a ruling on the case. If the Refugee Appeals Board does not agree with
the Immigration Service’s rejection, the applicant will be granted a residence permit.561
In rare cases warranted by substantial humanitarian considerations, the Ministry
of Justice may grant a temporary residence permit to asylum seekers whose
applications have been rejected. 562
556
State of Denmark, “Aliens (Consolidation) Act - Consolidation Act No. 863 of 25 June 2013,” Articles
44a-44f.
557
European Council on Refugees and Exiles (ECRE) and European Legal Network on Asylum (ELENA),
Information Note on Syrian Refugees in Europe, November 2013, para. 22, www.ecre.org/
component/downloads/downloads/824.html.
558
New to Denmark [Danish Immigration Service], “Permanent Residence,” accessed November 19,
2014, http://www.nyidanmark.dk/en-us/coming_to_dk/permanent-residence-permit/permanentresidence-permit.htm.
559
New to Denmark [Danish Immigration Service], “Refugees in Denmark,” accessed November 19,
2014, http://www.nyidanmark.dk/en-us/coming_to_dk/permanent-residence-permit/refugees_
lived_in_denmark_longer_eight+years.htm.
560
Danish Refugee Council, National Asylum Procedure in Denmark, Dublin Project, 2010, http://
www.dublin-project.eu/fr/content/download/549/4443/version/3/file/Long_Brochure_Denmark.
pdf, Item 3(b).
561
New to Denmark [Danish Immigration Service], “Avenues for Appeal,” accessed November 19, 2014,
http://www.nyidanmark.dk/en-us/coming_to_dk/asylum/application_for_asylum/appeal.htm.
562
Ibid.
Survey of Protection at the National Level
117
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