60 | Annual Report 2019
Ministry had put itself in a situation where the question
of deliberate protraction could arise at all.
The Ombudsman had no grounds for criticising the
practice of the Ministry of Immigration and Integration
whereby medical details of the applicant, including
information about whether the applicant’s disease
currently requires treatment, should be as recent
as possible and as a general rule not older than six
months in order that a humanitarian residence permit
may be granted on the basis of the medical details.
However, the Ombudsman was of the opinion that such
a practice places a responsibility on the Ministry to
ensure that the processing of this type of case does
not drag on.
2019-14. Freedom of choice of procedure for
extracting and granting access to information
is not sufficient grounds for delay in processing
of request for access
An internal e-mail at the Ministry of Immigration and
Integration contained information about the factual
basis of a case which was subject to the right of access
under section 28(1) of the Access to Public Administration Files Act on the requirement to extract and
grant access to certain information. In its original
decision, the Ministry chose, with reference to section
28(2) paragraph (3) of the Act, to provide references
to various locations on the Internet where the Ministry
considered the information to be publicly available instead of giving the journalist requesting access direct
access to the information.
While the Ombudsman was investigating a complaint
from the journalist, the Ministry made a decision to
give the journalist access to the information in the
form of a document listing the information which had
been extracted. The Ombudsman subsequently stated that the journalist had now been granted access
to the information to which he was entitled under the
Access to Public Administration Files Act.
At the same time, the Ministry expressed its regret
that some of the references it provided in its original
decision were not fully adequate. The Ombudsman
concurred with this.
The Ombudsman further stated that he found the
Ministry’s total processing time of more than eight
months prior to its original decision very regrettable.
More specifically, the Ministry had not carried out any
actual processing in relation to the e-mail for a period
of about seven months, after which it took the Ministry
about five weeks to process the case to conclusion.
There was a delay of some weeks during the final
processing of the case due to the fact that the Ministry had chosen a time-consuming procedure for
extracting and granting access to the information. In
the Ombudsman’s opinion the fact that section 28 of
the Access to Public Administration Files Act gives
authorities a certain freedom of choice of procedure
for extracting and granting access to information did
not constitute sufficient grounds for the delay.
2019-15. Efforts of Ministry of Immigration and
Integration to rectify errors following judgement
by European Court of Human Rights
In December 2016, the European Court of Human
Rights made a judgement (in the case of Paposhvili v
Belgium) which had implications for Danish practice in
cases about humanitarian residence permits. However, the Ministry of Immigration and Integration did
not change its practice until early 2018. A consequence of this was that specific cases were not processed correctly and that people were deported or
otherwise left the country without their cases having
been processed correctly in the light of the judgement.
The Ombudsman carried out an investigation on his
own initiative of the Ministry’s efforts to rectify the
errors which were the result of the Ministry changing
its practice too late.
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