Step-by-step guide through the Danish asylum procedure
If you're seeking asylum in Denmark, the process can be complex to navigate. This step-by-step guide is intended to give answers to your questions, with images and text guiding you as you go through the different steps of the Danish asylum procedure.
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Phases in the asylum procedure
Who will you meet
The Danish Immigration Service
When you ask for permission to stay in Denmark, it is the Danish Immigration Service who decides whether or not you are allowed to stay according to the Danish laws. The Danish Immigration Service is a state authority who makes the first decision in your asylum case.
Asylum seeker and asylum case
If you ask for asylum in Denmark you are an asylum seeker and an asylum case will be started. An asylum case is basically a file with all of the documents about you and your application – for example reports that are written in Denmark by the authorities and your personal documents that you may have handed in.
The Refugee Appeals Board
If the decision of the Immigration Service is negative, your asylum case will automatically be sent over to the Refugee Appeals Board, which is like a court. The Refugee Appeals Board decides whether they agree with the negative decision from the Immigration Service or if you should be granted asylum. The decision of the Refugee Appeals Board is final and cannot be appealed to any other authority.
Danish Return Agency
If you have received a final rejection of your asylum claim, residence permit, or if your residence permit has been revoked, and you have been told to leave Denmark, the Danish Return Agency will be responsible for organizing your return to your home country. The Danish Return Agency does not have the authority to determine whether or not you can be granted asylum in Denmark. That decision lies solely with the Immigration Service and/or the Refugee Appeals Board.
Lawyer
When the Refugee Appeals Board looks at your asylum case you will have an independent lawyer to help you. Your lawyer will argue to the Board why you should get a positive decision.
Police
The Police are only involved in the asylum process when you first arrive in Denmark. When you arrive in Denmark, the Police are responsible for your registration; taking your fingerprints and your photo. The police are also involved in forced returns if the asylum seeker refuses to cooperate with the Return Agency after a final rejection to return to their country of origin.
Interpreter
An interpreter will be present during all of your meetings with the Danish authorities. An interpreter is a person who can speak both your language and Danish. An interpreter’s job is to make communication possible between two persons or more who do not speak the same language. An interpreter is not allowed to give you advice, their only job is to interpret what is being said during meetings.
The Danish Refugee Council
The Danish Refugee Council is a private humanitarian organisation working for the rights of asylum seekers and refugees in Denmark. We provide free individual legal advice to asylum seekers in Denmark and can answer questions about the procedures and rules of the Danish asylum system.
Arriving in Denmark
When you arrive in Denmark you can apply for asylum at Sandholm asylum centre, 30 km north of Copenhagen, or at any police station.
Accomodation
When you apply for asylum you will be accommodated in an asylum center. There are asylum centers located all around Denmark and you may experience to live in different centers while your application for asylum is processed.
Registration and personal documents
If you give personal documents to the Danish authorities, make sure to get your own copy of the documents. The Danish authorities will keep your original documents during your asylum case.
The Danish Police will register you by taking your fingerprint and photo. You will get a personal ID card to prove that you are an asylum seeker in Denmark.
If you can read and write, the Immigration Service will ask you to fill out a questionnaire in your own language about your identity and why you are seeking asylum. Write about all of the reasons why you had to leave your home country.
The first interview
During the first interview with the Immigration Service you may expect to be asked questions about your identity and nationality, your family and travel route. You may be asked to show content from your mobile phone and the Immigration service might retrieve data from your mobile phone. You may also be interviewed briefly about why you fled your home country
The Dublin Procedure
The countries in Europe, including Denmark, have a law called the Dublin Regulation. The law decides that an asylum seeker can only have his or her application for asylum processed in one country in Europe.
If the Immigration Service makes a decision to transfer you to another European country under the Dublin Regulation, you will most likely be informed about the decision during the second interview, or you may be informed by letter.
At the interview or by letter, you can let the Immigration Service know if you want to complain about the decision to transfer you to another European country. You have a total of 7 days to complain. Tell the Immigration Service if you have family in Europe, and if you experienced difficulties in the country the Immigration Service want to transfer you to.
Complaining over the Dublin decision
If you want to complain about the transfer to another European country, you can receive free legal assistance from the Danish Refugee Council.
You will be invited to a meeting with the Danish Refugee Council, where you will discuss your case with a legal advisor. It is important to inform the legal advisor if you have experienced difficulties in the country to which the Immigration Service intends to transfer you or if you have close family members in Denmark or another European country
After the meeting, the Danish Refugee Council will send a letter to the Refugee Appeals Board arguing that you should not be transferred to another European country.
The Refugee Appeals Board makes the final decision. You will either move on to phase 2 of the asylum procedure in Denmark which means that your asylum case will be processed in Denmark, or you will be transferred to another European country.
Accommodation
During phase 2 of the asylum procedure you may be offered basic education and you may be able to cook your own food in shared kitchens at your asylum center.
The Asylum Interview
You will attend an asylum interview with the Immigration Service. An interpreter will also be there. You will be interviewed in detail about why you fled your home country and the interview may last many hours. Tell the caseworker all of the reasons why you had to leave your home country.
During the interview the caseworker at the Immigration Service will write a summary report of what you say.
Questions
The caseworker at the Immigration Service will ask you a lot of questions. You should expect very detailed questions about your reasons for leaving your country and seeking asylum.
Honesty
The case worker from the Immigration Service will compare all the information you have given to assess if he or she believes what you say. Answer the questions as honestly as you can. If you do not know the answer to the questions it is okay to say ‘I don’t know’ or ‘I am not sure but I think'....
Understanding the interpreter
It is important that you understand the interpreter. Tell the Immigration Service if you have problems understanding the interpreter or the questions. The role of the interpreter is only to translate the conversation between you and the caseworker at the Immigration Service.
Difficult topics
You may be asked to give very detailed explanations about your experiences. Some of your experiences may be very difficult to talk about. Take your time and ask for a break if you need it. Remember that it can be important to inform the Immigration Service about your private matters. Remember that the Immigration authorities treat the information you give them as confidential.
The summary report
During your interview a summary report is written. The intepreter will translate the whole report to you out loud at the end of the interview. Here you have the opportunity to correct any mistakes. Remember to listen carefully. You will be asked to sign each page of the summary report. Your signature means you agree that the information in the report is correct.
It is important that you get a copy of the summary report after the interview. The caseworker should give a copy of the summary report to you automatically. If this is not the case, you should ask for a copy of the summary report. The summary report is important, because it will help you remember what you have told to the Immigration Service about your situation.
After the interview
If you become aware of important errors after the interview, you can write a letter to the Immigration Service. You can write the letter in your own language.
The decision: Positive
If you are granted a residence permit in Denmark you will be allowed to work and go to school.
The decision: Negative
If the Immigration Service rejects your application for asylum it will automatically be appealed to the Refugee Appeals Board, which is similar to a court. At the Refugee Appeals Board you will get a new opportunity to explain your situation at a Board hearing.
Meeting with your lawyer
An independent lawyer will be appointed to help you during the appeal proceedings. You will have a meeting with your lawyer before the Board hearing.
Refugee Appeals Board Hearing
You will go to the hearing at the Refugee Appeals Board with your lawyer. A hearing is a formal meeting. A representative from the Immigration Service will also be there. The lawyer, the Immigration Service, and the Board members may ask you questions. You will also have the chance to make your own comments. Generally, the Board makes a decision right after the hearing.
Final Decision
The Refugee Appeals Board makes the final decision. If your application for asylum is rejected by the Refugee Appeals Board, you must leave Denmark as the decision of the Refugee Appeals Board cannot be appealed to any other authority.
Negative - Phase 3
If your application for asylum is rejected by the Refugee Appeals Board, you are in phase 3 of the Danish asylum procedure and must leave Denmark. You may have a lot of questions, thoughts and concerns about your situation.
Meeting with the Danish Return Agency
If you do not leave Denmark, the Danish Return Agency will call you in for a meeting. During the meeting you must choose whether you want to cooperate with the Return Agency about your return from Denmark. The Return Agency can help you get the necessary travel documentation and pay for your travel costs.
If you do not want to leave Denmark voluntarily, you risk detention and forced return to your home country.
Moving to a departure center
If your application for asylum has been rejected, you will be moved to a departure center. All residents in the departure center must leave Denmark. The Danish Refugee Council has an office at the center Avnstrup.
Counselling
You are welcome to visit the Danish Refugee Council office once we are at visit in your asylum center. If you live in Avnstrup then visit our office there. We would like to offer you counselling about returning to your home country. We can also talk to you about your situation – about both practical and emotional issues.
We – the Danish Refugee Council – know about what kind of practical, social and/or financial support you may be able to receive, if you return to your home country.
You may have many thoughts about what you should do and what will happen to you. You may have concerns about what will happen should you return to your home country. For example: Will you be safe? Will you be reunited with family? Will you get a job? And so on.
You may have concerns about what will happen if you do not leave Denmark voluntarily.
We – the Danish Refugee Council – know about what rules and procedures apply to you. You are always welcome to come and talk with us.
What to do?
You are welcome to come and talk with us.
We – The Danish Refugee Council – are a private humanitarian organisation working for the rights of asylum seekers and refugees in Denmark. We provide free counselling about returning to your home country independently of the Danish authorities.
Among other things, we know about:
• What happens if your application for asylum is rejected and what rules apply to rejected asylum seekers
• What kind of practical, social and/or financial support you may be able to receive, if you return to your home country.
• How you may prepare to return to your home country
You are welcome in our offices in Center Avnstrup. You are also welcome to visit us once visit you asylum center. if you want to have a meeting with us at your center on video, please reach out to the personal at your center. They will help to arrange the meeting.
You are also welcome in our main office in Borgergade 6 in Copenhagen.
All our counselors have a duty of confidentiality. Everything you tell us will be treated confidentially.