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Supreme Court of Denmark

Expulsion not in contravention of Denmark's international obligations 

Case no. 260/2014

Judgment delivered on 26 March 2015.

The Public Prosecutor

Expulsion not in contravention of Denmark's international obligations

T was a 24-year-old Filipino who had stayed in Denmark since the age of 12. The District Court and the High Court had convicted him of, among other things, violation of the Executive Order on Euphoriants as well as several counts of violence, and imposed a sentence of imprisonment for five months. In addition, he was expelled and banned from entry for six years. T had previous convictions and had previously been sentenced to suspended expulsion. The offences were committed during the probation period of the suspended expulsion. The case before the Supreme Court only concerned the issue of expulsion.

The Supreme Court held, among other things, that the offences had been committed during the probation period of a suspended expulsion, which meant that he was to be expelled unless this was in contravention of Denmark's international obligations, cf. section 24b(3), cf. section 26(2), of the Danish Aliens Act. Based on an overall assessment, the Supreme Court found that the expulsion and six-year entry ban were to be regarded as a proportionate measure to prevent crime and uphold public order, for which reason expulsion was not in contravention of article 8 of the European Human Rights Convention. 

The High Court had reached the same conclusion.

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