Legal Letters, May 2008

14.05.2008

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

8 years ago, my children and I applied for asylum in Denmark. My children (twins) were only 12 years old at the time. Now, my children are 20 years old and I have just been informed that I will be deported. How will this affect my children? Are they in the same case? Can they be separate cases because now they are legal adults?

As soon as a child turns 18 years he will have his own case, but the cases should always be processed in conjunction with each other.

I have been living in Denmark as an asylum seeker for many years. I feel that I am being treated in a degrading manner and that my human rights are being violated. Is there an authority I can appeal to? If so, how do I make the appeal?

The kind of special complaint mechanism you as an asylum seeker is looking for doesn't really exist. If you want to complain about your case, you have the normal option from Immigration Service to the Danish Refugee Appeals Board. If it concerns your stay as such you should address your compliant to the Immigration Service or The Ministry of Refugee, Immigration and Integration Affairs.

My case has recently been re-opened, so I am back in phase 2. Am I entitled to have a lawyer, or must I pay for one myself? I am in phase 2. My case is complicated and I would like to have a lawyer who is a specialist in cases of stateless Palestinians? Can I ask for a specialist lawyer?

It depends on why you are back in phase 2. If it concerns your refugee status at the Danish Refugee Appeals Board, a lawyer will normally be appointed, but this is not the case if it concerns residence on humanitarian grounds.

My friend was recently forcibly deported from Denmark to Kurdistan. The police said it was because he had committed a criminal act. He was never tried by a court. What safeguards are there that the police don't set up asylum seekers (for example put drugs in their pockets and then accuse them of possession) so they have an excuse to deport them?

It is possible to be given an expulsion order without going through the court system. Your friend has probably been given an expulsion order by the Immigration Service, because the offence committed was of a minor character.

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.