Summaries of selected statements | 59
Ministry of Immigration and Integration
The following statements on cases concluded in 2019
have been published:
2019-5. Internal e-mail at Immigration Service
comprised by Ombudsman’s request for files of
case
In 2017, the Ombudsman concluded an investigation
involving the Ministry of Immigration and Integration
concerning an instruction which the Minister had issued
in 2016 to the Danish Immigration Service about the
accommodation of married or cohabiting underage
asylum seekers. The Minister’s written instruction was
supplemented by verbal instructions to the Immigration Service.
On investigating the matter, the Ombudsman concluded, among other things, that the written instruction was illegal by virtue of its content and involved a
considerable risk of incorrect decisions being made
in the specific cases, and that the Ministry’s course of
action was a matter for extreme criticism.
In connection with his investigation, the Ombudsman
had asked for those of the files of the Ministry and
the Immigration Service which ‘illustrate the authorities’ legal deliberations in relation to the instruction’,
including, for instance, e-mails, ‘belly bands’, text
messages, handwritten notes, etc.
Less than three months after the Ombudsman had concluded his investigation, an employee of the Immigration Service by chance found an internal e-mail from
the director of the Immigration Service about the view
expressed verbally by the Minister in relation to the accommodation of married or cohabiting underage asylum seekers at a meeting with the Immigration Service.
The Ombudsman had not received a copy of the
e-mail in connection with his investigation. The Immigration Service and the Ministry subsequently stated
to the Ombudsman that the e-mail did not illustrate
legal deliberations in relation to the instruction, and
that this was the reason why it was not sent to the
Ombudsman later.
The Ombudsman found it a cause for concern that the
Immigration Service had not found the e-mail earlier,
and in his opinion it was a clear error of judgement
that the e-mail was not considered to be subject to the
requirement to surrender documents to the Ombudsman. In addition, the Ombudsman stated that the
course of events must give the Immigration Service
and the Ministry of Immigration and Integration cause
for consideration with a view to avoiding similar situations and errors in future.
Overall, the e-mail did not give the Ombudsman cause
to take further action in relation to what he had stated
in his report from 2017.
2019-10. Length of processing time in case about
humanitarian residence permit a matter for
criticism. Unfortunate that question of deliberate
protraction could arise
A practising lawyer complained to the Ombudsman
about the processing time of the Ministry of Immigration and Integration in a case about an application for
a humanitarian residence permit on health grounds.
The lawyer claimed that the Ministry had deliberately
protracted the case.
The Ombudsman found it a matter for criticism that
the Ministry took more than 26 months to decide the
case and that the case was at a standstill at the Ministry for three periods totalling almost 16 months.
The Ombudsman found no basis for establishing that
the Ministry had in fact protracted the case deliberately. However – in the light of the circumstances
in the specific case, including the fact that medical
information which had been submitted had become
obsolete due to the inadequate progress of the
case at the Ministry – he understood why the lawyer
claimed that the Ministry had done so. The Ombudsman stated that he found it very unfortunate that the
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