DRC Danish Refugee Council offers legal aid in Dublin and rejection cases.
DRC Asylum helps asylum seekers in Dublin and rejection cases
All newly arrived asylum seekers must be registered with the Danish authorities before the asylum case can start. The Danish Immigration Service then conducts a first interview with the asylum seeker and decides whether the asylum application should be processed in Denmark.
If you have previously been registered in another European country or have been granted refugee status in another European country, the Danish Immigration Service may decide that you should be transferred to that country to have your asylum case examined. You have the right to appeal against the Danish Immigration Service's decision. The appeal will be processed by the Refugee Appeals Board.
The Danish Refugee Council can help write the complaint to the Refugee Appeals Board, as we have the role of legal aid in both Dublin and rejection cases.
The Danish Refugee Council helps with appeals in Dublin cases
If the Danish Immigration Service decides that they want to send an asylum seeker back to another European country, you can appeal the decision. You can either inform the Danish Immigration Service during the interview that you want to complain, or you can send a signed complaint form to them afterwards. The deadline for lodging an appeal is seven days, so you must send the complaint form to the Danish Immigration Service as soon as possible and preferably by e-mail.
When you lodge an appeal, you can also ask to be represented by DRC Danish Refugee Council (DRC Dansk Flygtningehjælp) during the appeals procedure. The Danish Immigration Service will automatically forward the case to us. The Danish Refugee Council will invite you to an interview with a legal advisor, who will help write the appeal against the Danish Immigration Service's decision.
The Danish Refugee Council will send the appeal to the Refugee Appeals Board that decides whether the asylum application should be examined in Denmark or in another European country. The Refugee Appeals Board is the highest instance in asylum cases in Denmark, and you cannot appeal the Board's decision.
Legal aid and representation by the Danish Refugee Council is free of charge.
Legislation
About the Dublin Regulation
The Dublin III Regulation is an agreement between the EU countries as well as Norway, Iceland, Switzerland and Lichtenstein.
The regulation defines which country is responsible for examining an asylum case. According to the rules, an asylum seeker should have the asylum application examined in the European country where the person first has been registered by the authorities or has been issued a visa.
However, the Dublin rules have some exceptions, and a country can for example become responsible if the asylum seeker has a spouse who has applied for asylum in the country or has been granted a residence permit as a refugee.
DRC Asylum helps with appeals in admissibility cases (so-called 29b cases)
If you have been granted a residence permit as a refugee in another EU country as well as Norway, Iceland, Switzerland, and Lichtenstein, the Danish authorities may decide to reject your asylum application as not being admissible. This follows from section 29(b) of the Danish Aliens Act.
If the Danish Immigration Service rejects the asylum application as not admissible, you can lodge an appeal. You can either inform the Danish Immigration Service during the interview that you want to appeal the decision, or you can send a signed complaint form to them afterwards. The deadline for lodging an appeal is seven days, so you must send the complaint form to the Danish Immigration Service as soon as possible and preferably by email.
If you lodge an appeal, you also have the right to be represented by DRC Danish Refugee Council (DRC Dansk Flygtningehjælp) during the case. You can fill out all boxes of on the appeal form to allow for DRC to represent you in the case.
Hereafter, the Danish Immigration Service will automatically forward the case to DRC, and we will invite you for an interview with a legal advisor. DRC will write an appeal against the Danish Immigration Service's decision.
The appeal is sent to the Refugee Appeals Board, which decides whether you can stay in Denmark and have your asylum application examined here, or whether you should be transferred to the European country where you have a residence permit as a refugee. The Refugee Appeals Board is the highest instance in asylum cases in Denmark, and you cannot appeal the Board's decision.
Legal aid and representation by the Danish Refugee Council is free of charge.
