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ANNUAL REPORT 2014
Statistics also confirm that tolerated residence can last for a very long time. In
2014, for instance, three persons living at ‘Center Sandholm’ had spent more
than 10 years under tolerated residence status, and 12 persons had been under
tolerated residence status for five to 10 years. Previously, only a few people were
living under tolerated residence status in Denmark, but the number has increased in recent years. In 2002, 17 persons were living under tolerated residence status, whereas 67 persons were living under tolerated residence status in
2014.
The object of the monitoring visit was to get an impression of the conditions
for persons under tolerated residence status and to assess whether these conditions are in conflict with, for instance, the UN Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment or the European Convention on Human Rights. The purpose was also to assess whether
the conditions are in conflict with the terms of the Ombudsman Act called
‘universal human and humanitarian considerations’.
Who is living under tolerated residence status?
Persons under tolerated residence status
live in Denmark even though they do not
have the right to stay here. There are
various reasons why they are not allowed to
stay in Denmark: Some are excluded from
obtaining asylum in Denmark because they
have been deported and have been barred
from entering the country due to crime
committed in Denmark. There is also a group
of people barred from obtaining asylum,
for instance if there are serious reasons to
believe that they have committed a grave,
non-political crime abroad. Furthermore,
there are a few people who live under tolerated residence status because they are
considered a risk to state security.
The reason why these people live in
Denmark is that it would be unlawful
to deport them. They are covered by a
provision in the Aliens Act according to
which it is prohibited to deport people to
another country where they risk the death
penalty or risk being subjected to torture
or inhuman or degrading treatment or
punishment. According to this provision,
it is also prohibited to deport people to
a country where they are not protected
against deportation to another country in
which they may be exposed to such risks.
A LEGAL CHALLENGE
The investigation of the issue raised a number of legal issues. Firstly, we had
to assess whether the conditions for persons under tolerated residence status
at ‘Center Sandholm’ are in conflict with the UN Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment and the
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