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Supreme Court of Denmark

Decisions on residence and reporting duty invalid 

Case no. 10/2011
Judgment 1 June 2012
 

A
vs.
The Danish Immigration Service
and
The Ministry of Justice (previously the Ministry of Refugees, Immigration and Integration Affairs)

The Danish Immigration Service's and the Ministry of Integration Affairs' decisions on residence and reporting duty for an alien on an exceptional leave to remain invalid

By judgment of 26 June 2006, the alien was sentenced to 18 months' imprisonment for participation in hashish dealing at Christiania and expelled from Denmark with a 10-year entry ban. On 3 April 2008, the Refugee Appeals Board denied asylum and also ordered the alien to leave the country immediately, noting that he could not be expelled by force to Iran or to a country where he was not protected against return to Iran (exceptional leave to remain).

The case before the Supreme Court concerned the validity of the Danish Immigration Service's decision of 16 February 2009, according to which the alien should continue to stay at the Sandholm refugee centre and not stay outside of the centre without permission. In addition, the case concerned the validity of the Ministry of Integration Affairs' decision of 29 September 2009 that the alien should report to the police in the Sandholm refugee centre three times a week.

Based on an overall assessment, the Supreme Court held that these decisions, at this point in time, amounted to a disproportionate restriction of the alien's freedom of movement. Consequently, the decisions were rescinded as invalid.

The Supreme Court thus reversed the ruling of the High Court.

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