136
ANNUAL REPORT 2015
2015-28. Refusal to issue new passport was without legal
authority and contrary to the rules on case investigation and
assessment of evidence
A man complained to the Ombudsman because his municipality and the National Police had declined to issue a new passport for him. The man, who had
originally entered Denmark as a refugee from Sri Lanka, was a Danish citizen
and had received a new Danish passport three times previously – the first time
in 1987.
The grounds given by the municipality for its refusal were that the man’s registered place of birth was not stated in the Civil Register. In order to be able to
enter his registered place of birth correctly in the Register, the municipality
required the man to procure a birth certificate. Until he did so, he could not
get a new passport.
The man complained to the National Police and explained, among other things,
that as an asylum seeker, he had handed over all his documents, including his
birth certificate, to the police and that he did not believe the documents had
been returned to him. The National Police also declined to issue a new passport
for the man, with reference to the grounds given by the municipality. In the
opinion of the National Police, the fact that the man had previously had Danish
passports issued could not lead to a different decision.
After being granted access by the National Police to, among other things, a
copy of his certificate of naturalisation, the man received a new passport using
that as documentation.
The Ombudsman stated that the municipality and the National Police had no
legal authority to decline to issue a new passport on the grounds they had given.
In addition, the Ombudsman was of the opinion that the way in which the
municipality and the National Police had handled the case was contrary to the
general principles of administrative law on case investigation and assessment of
evidence and furthermore reflected an unreasonable lack of understanding for
the applicant’s personal situation.
The National Police stated that it would inform the municipalities how to handle
such cases. The Ombudsman asked the National Police to notify him when it
had done so. He also asked the National Police to inform him whether the case
gave rise to considerations about practices for keeping documentation.
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