Legal Letters - Fear of persecution, retun after rejection, child with Danish citizen

By New Times - 23.10.2009

Advisers at Dansk Flygtningehjælp answer your questions about asylum and the law.

My asylum case has been rejected. I don’t want to go back home to Afghanistan for fear of persecution? What will happen to me if I’m deported, do the police hand me over to the authorities on arrival? Do the Danish then police check up that I have not been arrested or maltreated.

The Danish police do not necessarily have to hand you over to the local authorities if you are deported. If you are escorted by police officers from Denmark to your home country and you don’t make any trouble during the flight home, the police will typically give you your travel documents (passport etc.) and let you go through passport control on your own. However, if you don’t have any travel documents other than a temporary laissez-passer the police will have to hand you over to the authorities upon arrival. The Danish police does not check whether you have been maltreated or arrested upon arrival, since they do not have any authority outside Denmark.

I am a rejected asylum seeker. I am thinking about going home. Can I then come back to Denmark in a couple of months and make a new asylum application?

If you have been in your home country after a rejection of your asylum case, you technically have the possibility to come back later on and file a new asylum application. How- ever, if you haven’t experienced any persecution in your home country since the last time the Danish Immigration authorities handled your case, you will most likely receive yet another rejection.

Is it true that if I have a child with a Danish citizen I can have automatic residency?

No. The Danish Immigration authorities will assess whether you, your spouse and your child can live in your home country instead of living in Denmark, if you apply for family reunification based on your child. If the assessment is that you and your family can continue your family life in your home country, Denmark is not obliged to give you a residence permit. If you are not married or romantically involved with the other parent of the child the immigration authorities will look into how much contact you have with your child. If you don’t see the child very often the immigration authorities can determine that it will not be a problem if you are being send back to your home country. It is important to underline that having a child in Denmark is only one of the factors in a case of e.g. family reunification and not necessarily a decisive factor.

I am newly arrived and preparing for my interview with the immigration service. I would like to take a Dictaphone into the interview so that if my case goes to appeal, I have a full record of what I said. Is there a rule that says I may not record the proceedings?

There is no rule to prevent you from taping your interview. However the entire interview is automatically written down and approved by you after the session. If you tape your inter- view you must be aware that your lawyer seldom has the time and is not getting paid to listen to it during an appeal case so it might not be a useful remedy in the long run. In all circumstances it would be a good idea to inform the official from the Immigration Service if you plan to tape the interview so he/she is aware.

I am a woman asylum seeker. My case is very personal and I would like to have a female translator and female officials from the immigration service when I go to the interview. Do I have the right to ask that there are no men present?

You always have the right to ask for a female translator and official. If you are appointed a translator that you don’t trust or otherwise have a problem with him/her, you are also entitled to ask for a new translator.

ASK US!

Have you got any questions?

Write to: New Times c/o Red Cross House H. C. Ørstedsvej 47, 1879 Frederiksberg C Or email us at: newtimesdk@ gmail.com Please feel free to ask your questions anonymously.

You can also contact: Dansk Flygtningehjælp Legal Councelling Unit Asylum Department Borgergade 10 Postbox 53 1002 København K

www.flygtingehjælp.dk Email: advice@drc.dk Free legal counselling for asy- lum seekers every Wednesday from 13:00 – 15:00 You need to present your ques- tions in Danish or English.