28 March 2012
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Denmark:
Hard times for asylum seekers and refugees
No easy way to get asylum
The Governement plans to abolish the de facto category (in some
countries this is refered to as B-status) which covers asylum
seekers who are not protected by the Geneva Convention and therefore
should have B-status.
Over the years the majority of asylum seekers have had de facto
status and by eliminating it the government hopes that the number
of refugees will fall dramatically. Asylum law experts have however
pointed out that this is unlikely to happen since Denmark is
obliged to grant protection from persecution under international
agreements such as the European Human Rights Convention and UN
obligations to prevent torture. The government will also increase
the number of so-called safe third countries where asylum seekers
can be sent back. It is not known by which guidelines and criteria
these countries will be evaluated. Additionally, it will no longer
be possible for asylum seekers who have left their homes for
a neighboring country to apply for protection at a Danish embassy
or consulate.
Under the slogan "refugees must not become immigrants"
Haarder intents to extend the period a person must stay legally
in Denmark before they can have permanent leave to stay. It will
be extented from three to seven years. During this time there
will be a permanent evaluation of the situation in their home
country regarding the possibility of deportation,
A number of changes in asylum procedure will also be introduced.
In future it will be impossible to have a case reopened if the
rejected asylum seeker has gone underground. Final rejection
of an application should be followed by immediate expulsion.
This will be backed-up by a wider use of the procedure to deal
with manifestly unfounded cases and the introduction of a one-day
procedure for asylum seekers coming as a group from a specific
country - most likely to to be used in cases from East European
and SNG-countries. Changes in the composition of the Appeal Board
will see the removal of the voluntary Danish Refugee Council's
representative leaving only a judge, ministry delegate and a
member of the Lawyers' Council.
Rejected asylum seekers who cannot be returned to their home
countries will receive a special status - a right to stay without
rights - and will be refused ordinary benefits otherwise given
to asylum seekers, but must report to the police or risk being
imprisoned if they fail to do so.
Limited family reunification rights
A number of changes are also being planned for immigrants. They
must be able to support themselves. In cases where that is not
possible, and where there is no permanent leave to remain, they
will be returned to their home country. In family reunification
cases the same rules will apply. If a husband wants his wife
to join him in Denmark he can pay a 50,000 Dkr. "deposit"
and he must furthermore not have received social benefit for
a certain period. To curb the number of marriages between a person
living in Denmark (Danish or a migrant) and a person from a third
country an age limit of 24 years will be set. Those under the
age of 24 will have no right to join their partners, even if
they can provide economic guarantees and are not in debt.
For refugees with a right to stay in Denmark, family reunification
with a spouse will only be allowed if the marriage predates the
persons flight from their home country. The right for parents
aged over 60 years to come and live with them will also be removed.
If a person (Danish or foreigner) wants to marry a third-country
national an evaluation of their connection with Denmark or to
the spouses home country must be made to establish in which country
the connection is closest and advise the couple to stay in that
country. If a couple want to separate before seven years of marriage
then the "unified" person (often the woman) will be
forced to return home. Womens' crisis centers have warned that
these rules will force women to stay in a bad or violent marriage.
Asylum seekers will also be prohibited from marrying while awaiting
the decision of their application.
50% reduction in public benefit
The government's rhetoric calls for more integration. It will
introduce "incentives" to bring immigrants out of passive
public financial support and into the labour marked. To do this
they will introduce a scheme whereby all persons (Danish or immigrant)
who have not resided in Denmark for seven out of the last eight
years will not be entitled to half of the full social benefit.
"To further encourage people to find work -including part
time work - persons who have resided in the country for less
than the seven year period will be allowed to keep a larger part
of their income before having their benefit reduced", says
the government paper. Haarder continues:
"Despite their reduced finances, families with children
can in many situations still receive a relatively large amount
of money, after their everyday expenses have been paid. This
is due to other services, such as housing benefit, child support
and reduced day care payment. The Government will therefore review
these rules carefully in respect of our overall employment policy."
The immigrant will also be summoned to the local council and
be presented with a contract in which it is stipulated what he
must do to get a job or learn the Danish language. If they fail
to fulfil this contract they will have their benefit reduced.
A final proposal in the government paper raises the requirements
to be granted citizenship. The present requirements of "no
criminal record and a certain knowledge of the Danish language"
will be tightened to include a more ideological point: knowledge
of Danish values. This criterion is not defined. Furthermore,
the possibility to derogate from these demands for people over
65 will be eliminated and the period one has to stay legally
in the country to gain citizenship will be extended from seven
to nine years. Refugees, stateless people and persons married
to a Dane only have to wait eight years.
Source: Danish government, "En ny
udlaendingepolitik" 17.1.02.
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