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Denmark: New expulsion rules "violate" refugee convention

01 January 2006

A proposal to amend the Aliens Act, put forward by the liberal-conservative government headed by Anders Fogh Rasmussen, has been criticised for violating the UN Refugee convention. The proposal will make it easier for the Danish authorities to expel immigrants and refugees. Current expulsion rules for foreigners violating the penal code are built upon a system that grades foreigners' legal protection according to the length of their stay in Denmark. Refugees, prior to this proposal, automatically received the highest legal protection, normally after they had been in the country for a period of seven years.

Under the new proposal this period will rise from seven to nine years. Furthermore refugees will be included in the proposed amendment of the Aliens Act, and the highest level of protection will not be given before eight years. Even with the highest legal protection a refugee can be expelled if they receive a criminal conviction that carries a sentence of more than two years imprisonment. On the other hand, refugees with less than five years residence will be able to be expelled for minor crimes - for instance theft - even if their sentence is suspended. The UN Convention states that a refugee can only can be expelled under special circumstance and only for very serious crime, Anne La Cour, head of asylum at the Danish Refugee Council told the daily newspaper Politiken (26.2.06). She pointed out that one cannot just equate refugees with other foreigners, who after a short stay can be expelled for shoplifting or criminal damage.

The government disagrees with critics of its proposals who say that they are in violation of the UN Refugee Convention. It says expulsion orders are not carried out if there is a threat to an individual's life. Law professor and expert in the Foreigner's law, Jens Vedsted-Hansen from the University of Aarhus, maintains that the proposal will violate the purpose and intention of the Convention, because refugees will be left without legal rights.