UNHCR’s Representation for the Nordic and Baltic Countries has submitted its observations on the Proposal for amendments to the Danish Aliens Act (Amendments on strengthening of the immigration authorities’ tools for checks of foreigners in connection with entry into and stay in Denmark).
Amongst other amendments, the Proposal seeks to remove the provision in the Danish Aliens Act that allows refugees granted residence permits to travel back to their home country on holiday or other short-term stay after 10 years since the first residence permit was granted, without the risk of losing their refugee or subsidiary protection status and permit.
In line with previous recommendations, UNHCR advises Denmark to not expand the grounds for the cessation of refugee protection beyond those enumerated in the 1951 Refugee Convention and refrain from applying cessation to a refugee who undertakes a temporary visit to the former home country, not with a national passport but, for example, with a travel document issued by Denmark.
The Proposal also seeks to extend the obligation of applicants to provide information and attend interviews in the processing of their residency permits to also fully apply in reviews of their status and extensions of their permits. In addition, it is proposed to extend the access of migration authorities to information in other immigration cases for the processing of an application. UNHCR recommends Denmark to adapt the evidentiary requirements in cases involving refugees with due consideration for their particular situation and accept that there may be statements that are not susceptible of proof.
UNHCR’s observations can be found here.
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