Denmark: 1) Is there a temporary and a permanent de facto refugee status accorded? 2) Can one renew a de facto refugee passport, and can it be renewed from outside Denmark; is there a right to appeal if passport renewal is refused? 3) For how many years is the F-passport issued, and from which date is it issued? 4) Has Denmark deported any Sri Lankan nationals and if so, under which conditions?
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 May 1990 |
| Citation / Document Symbol | DNK5618 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Denmark: 1) Is there a temporary and a permanent de facto refugee status accorded? 2) Can one renew a de facto refugee passport, and can it be renewed from outside Denmark; is there a right to appeal if passport renewal is refused? 3) For how many years is the F-passport issued, and from which date is it issued? 4) Has Denmark deported any Sri Lankan nationals and if so, under which conditions?, 1 May 1990, DNK5618, available at: https://www.refworld.org/docid/3ae6ac5430.html [accessed 19 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The following is entirely attributed to the Danish Refugee Council which was contacted on May 9, 1990 expressly for the purpose of answering these questions.
1) In Denmark there are two kinds of refugee status accorded: Convention refugee status and de facto status. The former is granted for self-evident reasons, while the latter is granted for reasons similar to but which are not included in the Convention definition. Both are considered under Danish law as being very equal in nature. Neither status is temporary.
Another status, the humanitarian stay permit, is also granted under Danish law. However, this status is not granted as part of the appeal procedure if one is refused refugee status, but rather for situations completely unrelated to the granting of refugee status, such as health reasons or in the case of an entire family not being able to return to their country of origin for reasons of civil war. The humanitarian stay permit is granted as a temporary permit, but in practise, this status has been changed to a permanent one.
2) The de facto refugee passport, otherwise known as the F- passport or the Fremmedpas may be renewed even from outside Denmark. However, under Section 17.3 of the immigration law, the Danish government reserves the right to refuse the application for passport renewal if it deems the refugee in question to have ceased residing in Denmark, and therefore no longer requiring the protection of the Danish government.
The passport holder would have the right to appeal this decision to the Director of Immigration. If a decision is made to withdraw refugee status under Article 17.3, the person can appeal to the Refugee Appeal Board.
3) The F-passport is issued after refugee status has been granted and is valid for five years from the date of issuance.
4) To date, no Sri Lankan national has been deported from Denmark. Between September 1988 and April 1990, 37 cases involving Sri Lankan claimants have been presented. Of these 37 cases, 21 decisions have been rendered, and 16 are pending. All 21 cases received a favourable decision.
Until the Fall of 1988, all Sri Lankans were recognized as de facto refugees, however, since then, the Refugee Appeal Board has changed its procedures so that Sri Lankan claims are decided on a case by case basis.
