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Supreme Court of Denmark

Expulsion from Denmark rescinded 

Case no. 194/2011
Judgment 17 February 2012
 

The Prosecution
vs.
T

Order of expulsion from Denmark with a 10-year entry ban rescinded

By order of the High Court of Eastern Denmark of 8 June 2006, an Ethiopian citizen, T, was sentenced to imprisonment for two years for attempted robbery and infringement of the Danish Firearms Act and expelled from Denmark with a 10-year entry ban.  Since his release on parole on 3 June 2007, he has stayed in Denmark on a so-called "exceptional leave to remain", as he could not be expelled by force at the time. The case before the Supreme Court concerned whether the order to expel T in the judgment of the High Court of Eastern Denmark could be rescinded due to material changes in T's situation, including his personal situation.

The Supreme Court held that the expulsion order in the judgment of the High Court of Eastern Denmark of 8 June 2006 should be rescinded. The Supreme Court concluded that T's situation had changed to such an extent that the expulsion should be rescinded.

The High Court had refused to rescind the expulsion order.

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supremecourtseperatorPrins Jørgens Gård 13 seperator1218 København K seperatorTelefon: 33632750seperatorEmail: post@hoejesteret.dk