The Asylum Procedure in Denmark

There are different steps in the Asylum procedure. The Immigration Service is the first instance responsible for assessing a claim for asylum and the Refugee Appeals Board is the second instance.


Here is a description of the different steps in the asylum procedure:


Initial procedure: Police and Immigration Service


You apply for asylum by contacting the police or by going to Center Sandholm (The biggest camp in Denmark, north of Copenhagen). At this first step you will be interviewed by the police. The police will take your fingerprints (if you are more than 14 years old) and your picture. They will also question you about your travel route and why you are applying for asylum. After that you will be accommodated in one of the asylum camps.
Based on the initial questioning the Immigration Service will decide whether your asylum claim is going to be treated in Denmark. Your application can be declined for different reasons. If you have already lodged an asylum claim/had your fingerprints taken in another European country (due to the Dublin Regulation) or if the Immigration Service considers you application manifestly unfounded which means that you clearly cannot be granted asylum in Denmark.



Assesment of your case: the Immigration Service


If it is decided that your asylum claim will be handled in Denmark, you will fill in a form about your reason for applying for asylum. Some time after that you will be called to an interview by the immigration Service. This interview is detailed and might take a whole day. Based on the form, your interview and general information about the country you have fled, the immigration Service will decide whether you get asylum or not.


Appeal: the Refugee Appeals Board


If your Asylum claim is by the Immigration Service, it will automatically be assessed by the Refugee Appeals board, the second and last legal instance in the Asylum process. At this point you will get a free attorney. You can ask for a specific attorney or you will be appointed one. Usually this step consists of an oral hearing where you will meet up at the Refugee Appeals Board with your Attorney and an interpreter. Before that your attorney and yourself has prepared your case. The Refugee Appeals Board can open your case or give you a final rejection. From here on your case can only be reopenened if you get new information or proof to back up your asylum claim.


Advice before seeking asylum


Before you talk to the authorities and seek asylum there are some things that are good to know about how the migrations authorities assess your case and how you can prepare.



Coherence and details


The police is the first authority to interview you. This interview is not very detailed and is not supposed to be, however it is important that you shortly explain that you are seeking asylum.
When presenting your story to the Immigration Service tell your story in as much detail and as coherently as you possibly can. This is important for the credibility of your case since it is you as an asylum seeker who has to prove that the claims made are true. Details like dates and the chronology of events are important factors. It is also important that you stick to the same story everytime you are interviewed, and in the form you fill out. Throughout the process you will be interviewed by the police, the Immigration Service and the Refugee Appeals Board. They will make a credibility assessment of your story, which is why it is important to be prepared and tell all the details from the beginning.


Don't expect to get any comprehensive legal advice about the asylum process from the immigration authorities.


If you have experienced traumatic events like torture or personal abuse it might be very difficult to talk about it. However these experiences can be important aspects of your asylum claim and it is important that you don't hold the information back, or think that it is better to tell it later. Know that the persons who are interviewing you and the interpreter has a duty of confidentially and are not allowed to share your history with anyone not part of the legal process.


Documents



If you have any evidence bring it to your first interview with the Immigration Service. Generally it is valuable to have evidence such as legal documents, arrest warrants, newspaper articles etc. that can back up your asylumclaim. Be very careful with false documents. Even though you cannot expect the immigration authorities to know very much about the situation in your home country, they are generally good at spotting false documents and that can harm the credibility of your case.


Interpretation


If you need it, there will be a interpreter present everytime you are interviewed. If you experience any difficulties understanding eachother, make sure to say so from the beginning. If you don't feel comfortable with the interpreter - of political, religious, ethnic or whatever reasons you might have, tell it to the person interviewing you and ask for another interpreter. If you are a woman you have the right to a female interpreter. Don't be afraid to ask questions and make sure you and your interpreter understand eachother well.



Individual assesment


Each case is tried on an individual basis. That means that to get asylum it is not enough being part of a vulnerable or persecuted group or people in your country of origin. It is not enough to refer to the general situation of your country either. You have to prove that you are individually persecuted and then relate your story to the general situation in your country.


Focus your story on what specifically has happened to you and what you fear will happen if you return. However relate it to the political context of your country of origin. For example, if you have fled because of a personal conflict it is important that you relate it to the wider political differences or ethnic problems in your local area.

Have in mind that the immigration Authorities do not have an interest in you getting asylum. The immigration authorities will look for holes in your story and the question of credibility is very important for gaining asylum.



It is a good idea to seek legal advice early in the asylum process. Use the contact list to find relevant contact information.


Agreement with a lawyer


In the danish asylum process, you will get an attorney, without any costs if your asylumclaim is rejected. Your case will be a appealed to the Refugee Appeals Board, the appeal authority for your asylum case. However, depending on your case and needs, you might need a paid attorney if you want to apply for residency of humanitarian reasons, family reunification or a reopening of your asylum case.

There are cases, where people pay a lot of money to an attorney without the attorney actually doing anything, or very little.
Make sure to agree on exactly what you can expect of the lawyer, what information you should gather and what will he/she do? Don't be afraid to ask questions and expect that the attorney will work professionally with your case. Furthermore, it is not always a good idea just to apply for everything possible. For instance you need to have good documentation if you are ill and want to apply for a permit to stay on humanitarian reasons. Good lawyers will know that and advice you, bad lawyers will not. Don't be afraid to ask what your attorney is doing on behalf of you. It is important to make sure that you have a proper agreement with your lawyer about what you can expect, and make sure to settle on a fair price. You have the right to be informed what the attorney expect to be the price and what the price covers. If the price is more expensive than expected you furthermore have the right to know the attorneys fee rate.

On the contact list, there are some legal support groups you can contact. They are not professional but will often be able to assist you in making a good choice.



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