Information provision - Denmark

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Information provision - Denmark | DIP EUAA

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The information on this page has been validated by the national administration.

Denmark is not bound by the recast Asylum Procedures Directive/Regulation. A similar national legal framework applies through the Aliens Act | Udlændingeloven, (26 September 2021).

Aliens Act | Udlændingeloven, (26 September 2021)

Area/stage of the asylum procedureCompetent authority
Reception

Danish Immigration Service (DIS) | Udlændingestyrelsen

 

Registration of application

Danish Immigration Service (DIS) | Udlændingestyrelsen

Lodging of application

Danish Immigration Service (DIS) | Udlændingestyrelsen

Dublin procedure

Danish Immigration Service (DIS) | Udlændingestyrelsen

Assessment of application

Danish Immigration Service (DIS) | Udlændingestyrelsen

 

Communication of first instance decision

Danish Immigration Service (DIS) | Udlændingestyrelsen

 

Content of protection

Danish Immigration Service (DIS) | Udlændingestyrelsen

Appeal procedure

Refugee Appeals Board

Communication of second instance decision

Refugee Appeals Board

Resettlement

Danish Immigration Service (DIS) | Udlændingestyrelsen

 

Although the Danish Aliens Act does not directly regulate all aspects of information provision, certain sections of the law require the Danish Immigration Service to inform asylum seekers of their right to seek assistance from the Danish Refugee Council, especially if the application is admissible or if the person is detained.

Denmark is not bound by the Asylum Procedure Directive, and as a result, there is no distinction in national law between the lodging, registering, and making of an asylum application. In Denmark, an asylum application is considered officially lodged once the Danish Police have completed the initial asylum registration process. The Danish Immigration Service provides applicants with comprehensive information on lodging their applications, including through a video shown during the asylum registration process. The video presents the asylum procedure from registration with the police to the interview process and potential appeal procedures, the EURODAC system, and the Dublin Regulation, in addition to covering accommodation, legal counselling, medical screening at the Danish Red Cross, and the applicant's rights and duties. This video is available in 18 different languages, including Albanian, Arabic, Azerbaijani, Bangla, Danish, Dari, English, Farsi, French, Hindu/Urdu, Kurmanji, Mandarin, Pashto, Punjabi, Russian, Serbian, Somali, Sorani, Tigrinya and Ukrainian. The applicant watches the video on an individual screen in a language they are presumed to understand.

Information is provided through a combination of formats, including written leaflets (in particular related to Dublin III Regulation), oral sessions, and video presentations. At the reception centres, asylum seekers also participate in mandatory oral sessions and an E-Learning course. These sessions provide detailed explanations and offer the opportunity to ask questions in real time. They cover applicants'; rights and obligations during their stay in the reception centre and throughout the asylum procedure. Additionally, the applicant may ask further questions during the first interview. The leaflet is available in Albanian, Arabic, Danish, Farsi, English, French, Spanish, Italian, Portuguese, Urdu, Mandarin, Pashto, Russian, Somali, and Tigrinya.

The E-Learning course is available in Arabic, English, Farsi, French, Pashto, Russian, Spanish, Somali, Tigrinya, and Turkish.

Targeted information is provided for unaccompanied minors (UAMs). They receive tailored materials, including videos that not only cover the general asylum process and their rights and obligations, but also highlight special procedures relevant to minors, such as medical age assessments and family tracing. If an UAM is given a negative asylum decision, they will also be informed of the possibility to obtain a resident permit based on the Danish Alien Acts section 9 c, subsection 3, number 2.

When the Danish Immigration Service decides to process an application for asylum, the applicant will be notified of this in a letter, which also includes information about the possibility to apply for a residence permit on humanitarian grounds, which is processed by the Ministry of Immigration and Integration.

For third-country nationals in detention, information about the possibility to apply for international protection is typically provided by the Danish Police, the Return Agency, or a lawyer. The Danish Immigration Service does not provide this information or distribute materials to third-country nationals in detention unless it is in response to specific inquiries. According to Section 37 (4) of the Aliens Act, if a third-country national is detained, the police are required to inform the individual of their right to contact a representative of the Danish Refugee Council, provided the individual applies for international protection.

In Denmark, asylum applicants receive comprehensive information regarding the Dublin III Regulation at the beginning of their personal interview. Applicants are informed about the objective of the interview, which is to determine whether Denmark will process their asylum application or if responsibility lies with another Member State under the Dublin Regulation. If it is decided that the case will be transferred to another EU country, the applicant is informed of this outcome at the conclusion of the interview and is provided with a leaflet that outlines the Dublin procedure.

The Danish Immigration Service is responsible for providing information on the Dublin procedure. The Danish Return Agency informs the applicant of practicalities of the transfer after the deadline for appeal is expired or the appeal itself is concluded.

The information provided by the Danish Immigration Service includes explaining the steps involved in the Dublin procedure. The information is delivered in various formats, including a video presentation, written leaflets, and oral explanations during the personal interview. The video covers the entire asylum process, including the Dublin Regulation, and is made available to applicants in Albanian, Arabic, Azerbaijani, Bangla, Danish, Dari, English, Farsi, French, Hindu/Urdu, Kurmanji, Mandarin, Pashto, Punjabi, Russian, Serbian, Somali, Sorani, Tigrinya and Ukrainian. Applicants are also provided with leaflets available in Albanian, Arabic, Danish, Farsi, English, French, Spanish, Italian, Portuguese, Urdu, Mandarin, Pashto, Russian, Somali, and Tigrinya.

Additionally, there is targeted information for specific groups, such as unaccompanied minors (UAMs). While UAMs receive the same general information as other applicants regarding the Dublin procedure, they also have specific materials that address their specific needs within the asylum process.

When a transfer decision is made, applicants receive in-person notification from the Danish Immigration Service, where they are orally informed about the decision in a language they understand. During this notification, applicants are also provided with information about their legal rights, including available legal remedies and access to legal assistance. Any further questions regarding the Dublin procedure may be addressed by the immigration officer conducting the notification.

Section 48 a (3) of the Aliens Act stipulates that if an asylum application is deemed admissible, the Danish Immigration Service is required to inform the applicant of their right to contact the Danish Refugee Council.

The Danish Immigration Service does not distinguish between an admissibility interview and a personal interview as outlined in the Asylum Procedure Directive. However, all adult applicants and unaccompanied minors are called for a first interview, during which admissibility is assessed. If the Danish Immigration Service cannot make a decision (on admissibility or on the substance) after the first interview, the applicant will be called for a second interview. In principle, the applicant can be called to several interviews if needed.

The applicant is called by the Danish Immigration Service to the first interview as soon as possible after the applicant has been registered. The video covers information about the purpose of the interview, the obligation to attend, consequences of non-compliance, interpretation, and confidentiality. Additionally, the caseworker will inform the applicant of these details at the beginning of each interview.

If needed, a second interview will be scheduled shortly after the first. The caseworker, if necessary, will ask the applicant to submit further evidence and will inform them of a time limit for doing so at the end of the interview. The caseworker will also inform the applicant about the next steps in the procedure at the conclusion of the interview.

Beneficiaries of international protection receive a written decision explaining their rights and obligations. This includes:

  • Information about the period of protection and the process for extension.
  • The process of registration with the local municipality.
  • The possibility of applying for a passport or travel document.
  • The rights to employment and education.
  • Procedures related to verifying the applicant’s ongoing right to protection status.
  • Information on lodging an appeal and legal assistance is also included in the written decision.

For applicants who receive a negative decision on their asylum application, they will receive a written decision that includes:

  • Information about the appeals process and access to legal counsel.
  • Details about being contacted by the Danish Return Agency, which will inform them of their rights and obligations in relation to the return process.

When the Danish Immigration Service decides to process an application for asylum, the applicant will be notified in writing. The notification includes contact information for the Danish Refugee Council, which offers free, professional, and independent counselling to asylum seekers in Denmark. This information is provided in a letter from the Danish Immigration Service.

When an application for international protection is rejected, the applicant will receive a written decision that outlines their right to legal counsel during the appeals process. Applicants may choose their own counsel, or if they do not have one, the Refugee Appeals Board will appoint a legal representative for them. This information is provided in the written decision.

During the identification phase, no formalised information provision activities are conducted. This phase primarily focuses on identifying individuals who are eligible for resettlement, and no specific information is provided to applicants at this stage.

In the selection phase, refugees who are selected for resettlement are informed about the process through interviews conducted by the Danish Immigration Service and the Danish Refugee Council. These interviews may occur either face-to-face or remotely. During these sessions, applicants are provided with information materials, which serve to educate them about the resettlement process and life in Denmark. The information materials cover several topics, including:

  • An introduction to the resettlement process in Denmark
  • Key facts about Denmark, including its culture, society, and infrastructure
  • Information on the processing of personal data, in compliance with GDPR (General Data Protection Regulation)
  • Information about family reunification policies and procedures

Additionally, applicants sign a declaration confirming their understanding of the standards and obligations they must adhere to upon resettling in Denmark.

In the pre-departure phase, the Danish resettlement programme includes pre-departure orientation (PDO) sessions. The PDO aims to prepare refugees for the significant cultural, social, and logistical changes they will face when they move to Denmark. The PDO lasts for 5 to 7 days and is conducted by a delegation from Denmark. This delegation consists of staff from the Danish Immigration Service, The Danish Agency for International Recruitment and Integration the Danish Ministry of Immigration and Integration, language teachers, and representatives from Danish municipalities. The orientation sessions provide:

  • An introduction to Denmark’s general facts, its social structure, and its core values
  • In-depth explanations of the rights and responsibilities refugees will have under Danish law, including political rights and duties
  • A guide to the educational system, highlighting the opportunities available for both children and adults
  • An overview of Denmark’s labour market, with details on what is required for obtaining employment in the country
  • Lessons in the Danish language to help refugees adapt to their new environment and communicate effectively
  • An introduction to Danish social and cultural norms, so that refugees can better understand the Danish way of life
  • Practical advice on managing daily tasks, interacting with local communities, and navigating through the resettlement process
  • Mental preparation techniques to help refugees adjust to living in a new country, focusing on coping strategies and resilience
  • Information on the practicalities of traveling to Denmark, including travel documents and other necessary arrangements

During the travel phase, no additional information provision activities take place.

Upon arrival in Denmark, refugees are supported through the reception phase, which begins with the assignment of a contact person from the local municipality. This contact person assists the family or individual during the initial months in Denmark. They offer practical support and provide necessary information on how to start life in the new country. The municipality contact person is the primary point of contact for any questions or issues that arise during this phase.

While the main orientation occurs during the PDO, refugees are also given further guidance and support once they arrive in Denmark, including assistance with:

  • Understanding their rights and responsibilities under Danish law
  • Enrolling children in the educational system and accessing educational resources
  • Finding employment, including understanding the legal and social expectations in the Danish labour market
  • Accessing language courses to further improve Danish language skills
  • Integrating socially and culturally, with help in adjusting to everyday life and understanding local customs and practices
  • Navigating the practicalities of living in Denmark, including registering with local authorities, managing health care, and accessing social servicesIn this phase, the municipality contact person also helps refugees understand the broader structure of local governance and services available to them.

In Denmark, asylum seekers receive a structured and informative introduction to life in the country through an obligatory course provided while they reside in reception or accommodation centres. This course, typically starting shortly after the asylum seeker submits their application, is overseen by the Danish Immigration Service and takes place during the individual's initial stay, usually about a month at a reception centre.

The course covers a wide range of important topics. Firstly, asylum seekers receive information about the rules governing the asylum procedure, including the case-handling process and the rights and duties they hold within the system. This includes the obligation to return if their application is rejected. The information is communicated orally by both the Danish Immigration Service and the Danish Refugee Council.

Additionally, the course addresses broader aspects of life in Denmark, such as integration, Danish culture and values, employment, education, healthcare, and residence permits. For example, beneficiaries of protection are introduced to integration-related topics through e-learning modules provided by the Danish Red Cross.

Employment and labour market information is also shared during the course. This includes explanations of work rights and the possibility of employment during the asylum process, presented orally by the Danish Immigration Service and the Danish Refugee Council. Education information is provided to asylum seekers receiving guidance on learning opportunities available within accommodation centres while their application is under review. This information is delivered orally by the Danish Immigration Service.

Asylum seekers are informed about their healthcare rights and available medical services, both through the obligatory course and directly from centre staff. The information is provided orally by the Danish Immigration Service as well as the operators of the accommodation centres.

Finally, asylum seekers are given information about how to obtain a residence permit. This includes an overview of the application and case-handling process, also communicated orally by the Danish Immigration Service and the Danish Refugee Council.

At the reception centre, asylum seekers are provided with information about their rights, obligations, and reception conditions through a combination of mandatory oral sessions and an E-Learning course. These sessions offer detailed explanations and provide asylum seekers with the opportunity to ask questions in real-time. The sessions cover applicants' rights and obligations during their stay in the reception centre and throughout the asylum procedure. The setting for this information provision is a combination of group sessions and individual interviews.

In Denmark, third-country nationals who are detained are informed of the reasons for their detention and the procedures available to challenge this decision when the police deprive an asylum seeker of their liberty under section 36 of the Danish Aliens Act. The individual is informed both orally and in writing of the reasons for the detention. This information includes an explanation of the legal basis for the detention and guidance on how the individual may challenge the decision. The detained person receives a written copy of the detention decision. If the decision cannot be provided in a language the asylum seeker understands, the police are required to arrange for an interpreter to ensure the information is communicated accurately and comprehensibly.

The information is provided by the police at the very moment the deprivation of liberty takes place. The detainee may be placed in a detention centre and if the detention extends beyond 72 hours, the case must be presented before a judge. At this point, the court assumes responsibility for informing the individual about the legal basis for the continued detention and for determining the lawfulness of the measure.

Once transferred to a detention facility or prison, third-country nationals are subject to an organized admission procedure overseen by the Danish Prison and Probation Service. Within the first 24 hours of arrival, the individual undergoes an interview with a prison officer. During this session, the detainee is provided with written information regarding the facility’s house rules, as well as their rights and obligations while in detention. The written materials cover the main rules applicable to individuals who are arrested and remanded in custody or serving a prison sentence. This information has been translated into sixteen different languages.

The interview and the dissemination of the written information are typically carried out by a prison officer.