Denmark: 1) Differences, if any, in rights of K Status and F Status refugees in Denmark; 2) Length of time for which an F Status refugee is granted status, passports, and work permits. Length of time regarding aforementioned for K Status refugees; 3) Can both K and F Status refugees apply for Danish citizenship after six years? Are citizenship requirements identical for both classifications? 4) Type of Travel Document for a person recognized in Canada as a Convention Refugee and the protection offered abroad to a person bearing said document; validity period for such a document; renewal at Canadian post abroad; 5) Differences in the passport issued to K and F Status refugees

The responses for these questions, with the exception of question four, have been provided by Morten Kjaerum of the Danish Refugee Council, Copenhagen, in a telephone conversation with an IRBDC Research Officer on 18 October 1989. The information provided by the Danish Refugee Council cannot be corroborated at the present time in published sources regularly consulted by the IRBDC.

1) Differences in rights of K Status and F Status are in the passports. The protection following the principle of Non-refoulement is absolute. Regarding Convention Refugees, they are the same as K Status. There are exceptions to K Status, namely those considered de facto refugees, or F Status, for reasons such as, inter alia, serious crimes committed by the person concerned.

2) The length of time is five (5) years regarding de facto as well as Convention Refugees. After this time, the status is indefinite.

3) In the case of both the K and F Status, the refugee may apply for Danish citizenship after six (6) years.

4) According to Mr. J. Murray, spokesperson for the Passport Office of the Department of External Affairs, people recognized as convention refugees are issued with a document called a Refugee Travel Document (RTD). This states that the bearer is a permanent resident of Canada. The document does not, however guarantee the same consular protection by Canadian posts abroad as for that provided for Canadian citizens. It does, however, allow the bearer to use consular services such as for the replacement of documents, and for similar functional reasons.

Regarding the life of the Refugee Travel Document, Mr. Murray states that the maximum life is 5 (five) years from the date of issue, but that, in practice, issuance is limited to two years at a time. The RTD can be renewed at a Canadian diplomatic post abroad, but it cannot be originally issued there. Ottawa retains the right for the original issuance of RTDs. The information provided by Mr. Murray cannot be corroborated at the present time in published sources regularly consulted by the IRBDC.

5) With a Convention Refugee Passport, K Status, travel is allowed to a number of European countries without applying for a visa. According to the Council of Europe Agreement Regarding de facto Refugees, an F Status Refugee will be issued a Danish Alien's Passport which requires a visa for all countries except the Nordic countries.

The Department of External Affairs contacted the Danish Embassy to inquire about whether an Aliens Passport carries any mention of the UN Convention. They also asked whether there are certain categories of persons who qualify for F Status but not K status. The Embassy spokesperson was not familiar with the terms F Status and K Status but stated that the Embassy has processed Alien Passports which have an identifying letter "F" at the beginning of their passport numbers. It appears that the Aliens Passport makes no mention of the UN Convention. These are issued to people who are not recognized as Convention Refugees in Denmark, but have the right of abode in Denmark and furthermore have no other travel documents. The information provided by the Danish Embassy through External Affairs cannot be corroborated in published sources at the present time.

For further clarification on the difference between K and F Status, as well as the difference in the protection offered people according to each category, the IRBDC contacted Eva Kiergaard, Legal Officer the British Refugee Council who is a former lawyer from Denmark. Ms. Kiergaard stated that F Status is in effect "Little Convention Status" and is issued to people who are determined to have incurred persecution for other or similar reasons as those mentioned in the UN Convention. These are de facto refugees. As in the case of the information provided by the Danish Refugee Council, Ms. Kiergaard added that one of the main differences between the two classifications is found in the type of documentation given to each. Refugees with F Status have the same protection as those determined to be K Status (Convention Refugees), but they are not issued with a Convention Travel Document (CTD). The documentation issued to F Status contains certain limitations, as mentioned by the Danish Refugee Council. Note that according to Ms. Kiergaard, F Status is a national status within Denmark, and is valid only for Denmark. Consequently, persons who leave Denmark with F Status are not automatically recognized as either de facto or Convention Refugees by other states.

Further, on the difference between the two classifications, K Status entitles the refugee to all rights afforded to Convention Refugees, i.e. family reunion programs, work permits, health services, etc. In the case of F Status, these benefits are not guaranteed and are applied on a case by case basis by the Danish authorities. Also, according to an existing but heretofore unused provision in Danish law (and following upon the cessation clauses in the UN Convention), F Status can be revoked if the situation changes in the country of origin. Denmark is currently considering envoking this statute in respect of F Status refugees who originally based their claims on membership in the Solidarity trade union in Poland. The information provided by Ms. Kiergaard cannot be corroborated in published sources available to the IRBDC at the present time.