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Supreme Court of Denmark

Withdrawal of Danish citizenship and expulsion 

Case no. 124/2018

Judgment delivered on 19 November 2018

The Prosecution Service

Foreign fighter, who had been sentenced to four years in prison, had his Danish citizenship withdrawn and was expelled with a permanent entry ban

T had been sentenced to four years in prison for travelling to Syria in 2013 to fight as a foreign fighter, receive training in the use of arms etc. for the terrorist organisation Islamic State.

T had both Danish and Tunisian citizenship.

The case before the Supreme Court concerned the issue of withdrawal of his Danish citizenship and expulsion.

Based on a concrete proportionality assessment, the Supreme Court held that neither withdrawal of his Danish citizenship nor expulsion with an entry ban amounted to a disproportionate measure against T. The Supreme Court gave particular importance to the severity and nature of the crimes committed and found that the consideration for T’s family life and private life in Denmark was not a decisive argument against withdrawal of Danish citizenship and expulsion.

The High Court had reached a different conclusion.

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