Situation during visit in 2008
Information received in the reporting
Steps taken in previous years and (See
A/HRC/13/39/Add.6; A/HRC/16/52/Add.2A) period
their cases thoroughly reviewed by the
refugee authorities based on a factual and
individual assessment of all relevant
information. The Refugee Appeals Board
shall stay updated and informed about the
general situation in the countries from which
Denmark receives asylum-seekers, and the
board has an extensive collection of
background information which includes –
but is not limited to – recommendations and
guidelines from UNHCR. Iraqi asylumseekers who have had their cases reviewed
by the refugee authorities also have the
opportunity to apply for a residence permit
on humanitarian grounds. According to the
Danish Aliens Act, Section 9 b, subsection
1, a residence permit on humanitarian
grounds can be granted to a foreign national
who is registered by the Immigration
Service as an asylum seeker in Denmark.
The applicant must be in such a situation
that significant humanitarian considerations
warrant a residence permit. The Parliament
decided that humanitarian residence permits
should be the exception, not the rule.
the conditions or situations that entitle
the applicants to dispensation, such as
severe physical impairment or mental
illness, due to severe trauma (torture) as
is the case with the legislation on
acquisition of citizenship.
According to a circular on naturalization
(no 61/2008), persons suffering from
post-traumatic stress syndrome (PTSD)
are explicitly excluded from obtaining a
dispensation, even if the condition is
chronic and documented by a certificate
issued by a medical doctor.
Reportedly, the tightening of the rules
on citizenship and permanent residence
has in some instances made the situation
for torture survivors, who are
undergoing rehabilitation very difficult,
due to the uncertainty of their legal
status.
Reportedly, an increasing number of
torture survivors in Denmark have had
Applications for a residence permit on
humanitarian grounds are considered by the to forego rehabilitation due to extreme
poverty. This is due to the fact that
Ministry of Refugee, Immigration and
Integration Affairs. The Ministry conducts a many torture survivors receive the socalled starting allowance, which was
factual assessment of each individual
introduced in 2002 with the purpose of
application. In making this individual
assessment, the Ministry places importance increasing the incentives for refugees
and immigrants to seek employment
on the applicant‘s personal situation.
(Act on Active Social Policy 2002). The
According to the Ministry‘s practice, a
starting allowance amounts to 650 EUR
humanitarian residence permit may be
granted to persons who suffer from a
per
month,
while
the
regular
physical or a mental illness of a very serious unemployment benefit, cash allowance,
nature, who cannot receive the necessary
amounts to 1.320 EUR. Reportedly,
medical treatment in their home country, as living on such a small amount does not
well as persons who, upon return to a home
A/HRC/19/61/Add.3
42
Recommendations
(A/HRC/10/44/Add.2)
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