Judgment delivered on 11 February 2019
The Ministry of Immigration and Integration
No grounds for setting aside the Ministry of Immigration and Integration’s decision to withdraw Danish nationality
The case concerned the decision of the Danish Ministry of Justice (now the Ministry of Immigration and Integration) that A – who was born abroad and had never lived in Denmark – would lose his Danish nationality on attaining the age of 22, with no possibility of recovering Danish nationality as his application was made after his 22nd birthday.
The Supreme Court held that there were no grounds for setting aside the Ministry of Immigration and Integration’s decision that A would lose his Danish nationality when he attained the age of 22.
The Supreme Court also held that, according to the facts of the case, the circumstances surrounding A’s and his mother’s visit to the Danish embassy abroad at the end of 2011 were so unclear that there was no basis for concluding that the embassy had not adequately observed its duty to provide guidance to A. Accordingly, the Supreme Court agreed that the Ministry had not brought the exemption clause in the Danish Nationality Act regarding retention of Danish nationality into application.
Finally, the Supreme Court held that the Ministry’s decision in any case could not be considered to be contrary to EU law if the situation at issue in this case was covered thereby.
The High Court had reached the same conclusion.