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Supreme Court of Denmark

Rejection of application for family reunification 

Case no. 168/2009
Judgment 29. March 2010
 

A and
B
vs
The Ministry of Refugees, Immigration and Integration Affairs

 Rejection of application for family reunification

 A and B, who are sisters, were born in Turkey in 1993 and 1997, respectively. Their parents were divorced in 1997, and that same year, their father left for Denmark. He married a Turkish woman with a residence permit and was granted his own residence permit in Denmark in 1998. In 2000, his residence permit was made permanent. In 2001, he divorced his wife and remarried A and B's mother. 
A and B lived with their mother in Turkey and first came to Denmark in 2006 with her. In 2007, they applied for a residence permit. In March 2008, A and B had a little brother who has a right of residence in Denmark. The Danish Immigration Service's rejection of the application for family reunification was upheld by the Ministry of Refugees, Immigration and Integration Affairs in 2008.
The application for family reunification was submitted after the expiry of the two-year deadline stipulated in S. 9(13), second sentence, of the Danish Aliens Act. It follows from S. 9(13), first sentence, that a residence permit can only be issued if the applicants have or are able to obtain such ties with Denmark that there is a basis for successful integration in Denmark. However, this does not apply "if exceptional reasons make it inappropriate, including regard for family unity".        
The Supreme Court stated that the hearing pursuant to S. 63 of the Danish Constitutional Act of the Ministry's decision to reject the application for family reunification must be based on A and B's circumstances at the time of the Ministry's decision, and that no regard can be had to the ties with Denmark which they may have otherwise obtained subsequently.
The Supreme Court stated that rejection of a residence permit under S. 9(13), first sentence, of the Aliens Act does not require that it must be considered that the reason for the application for a residence permit only being submitted after the expiry of the two-year deadline was that the child's parents want "the child to be brought up in accordance with the culture and customs of the native country and not be influenced by Danish standards and values".
The Supreme Court held that the specific information on which the Ministry had based its decision was factual and adequate and did not find reason to set aside the Ministry's discretionary assessment of whether A and B had or were able to obtain such ties with Denmark that there was a basis for successful integration in this country. In addition, the Supreme Court did not set aside the Ministry's assessment that there were no exceptional reasons that would allow derogation from the conditions provided in S. 9(13), first sentence. 
The High Court had reached the same conclusion. 

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