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Supreme Court of Denmark

Expulsion for aggravated data fraud 
30-06-2015 

Case no. 85/2015
 

Judgment delivered on 30 June 2015 


The Public Prosecutor
vs.
T


Expulsion of Serbian citizen, born and raised in Serbia, and living with his girlfriend and children in Sweden, not in contravention of Denmark's international obligations

T, a 33-year-old Serbian citizen, who was born and raised in Serbia and now lived with his girlfriend and children in Sweden, had been convicted by the District Court and the High Court of several counts of, among other things, aggravated data fraud in accordance with section 279 a, cf. section 286(2), of the Danish Penal Code. In addition, he was expelled and banned from entry for 12 years. T had previous convictions for similar offences. The case before the Supreme Court only concerned the issue of expulsion. 

The Supreme Court stated, among other things, that the conditions for expulsion in section 22, no. 6, of the Danish Aliens Act were met, which meant that he was to be expelled, unless this was in contravention of Denmark's international obligations, cf. section 26(2) of the Aliens Act. Based on an overall assessment of the nature and severity of the offences and of T's personal ties with Denmark, Serbia and Sweden, respectively, the Supreme Court found that the expulsion and 12-year entry ban were to be regarded as a proportionate measure to prevent crime and uphold public order. Since expulsion was not in contravention of article 8 of the European Human Rights Convention, the Supreme Court ordered that he be expelled in accordance with section 22, no. 6, cf. section 26(2), of the Aliens Act.

The Supreme Court further found that T, due to the expulsion, in all probability could expect to be recorded as an unwanted person in the Schengen Information System, and that this could make it difficult for him to obtain or extend a residence permit in Sweden where his family lives.  It is for the Swedish authorities to make a decision on his residence permit, considering, among other things, the provisions of the European Human Rights Convention.

The High Court had reached the same conclusion.

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