CCPR/C/119/D/2681/2015
the authors was no longer valid, it expected them to be able to enter and stay legally in
Italy, while applying for renewal of their expired residence permit. 5
2.11 As the decision of the Refugees Appeals Board was final, the authors were ordered
to leave Denmark. On 8 April 2014, the Danish National Police attempted to deport the
authors and their three children to Italy. The authors arrived at the airport in Rome together
with six Danish police officers. The Danish police contacted the Italian authorities at the
airport and presented the names of the authors and their children and a copy of the Italian
confirmation of the subsidiary protection that had been granted to the authors in Italy. After
a while, the Italian authorities informed the Danish police that they had not been informed
of the authors’ arrival and that they would not readily accept their entry. The Italian police
informed the Danish police that Italy found it strange that Denmark had not been in contact
with Italy regarding the case since a request was made in June 2013 under the Dublin II
Regulation. Furthermore, the subsidiary protection had expired and had not been renewed.
The authors and their children were returned to Denmark the same day.
2.12 Subsequently, the Danish police made no other attempts to deport the authors to
Italy. Upon return to Denmark, Y.A.A. contacted the Danish Immigration Service for help,
and his request was forwarded to the Refugees Appeals Board as a request to reopen the
case. On 2 July 2014, the Board requested the police to comment on whether it regarded the
deportation of the authors to Italy as possible. On September 2014, F.H.M. gave birth to the
authors’ fourth child, in Denmark.
2.13 On 24 March 2015, the Danish Refugee Council requested the Refugees Appeals
Board to reopen the case. The Council made reference to the fact that the authors had been
denied entry in Italy and that the Danish police had not made any efforts to deport the
authors in the previous year.
2.14 On 14 April 2015, the Danish police informed the Refugees Appeals Board that they
found it difficult to imagine that a deportation to Italy would become possible. On 1 June
2015, the Board once again requested the Danish police to comment on whether or not
deportation of the authors would be possible or should be regarded as pointless. On 8 June
2015, the police requested the Ministry of Justice to assist it in its reply to the Board. On 30
June 2015, the police informed the Board that, on 11 June 2015, the Ministry of Justice had
sent a request for consultation to the Italian authorities regarding the issue of return of
foreign nationals to Italy and the possibility of renewing expired residence permits in Italy.
On 21 July 2015, the Board decided not to reopen the case and made reference to the fact
that the Ministry was at that time in contact with the Italian authorities. The decision of the
Board was final and could not be appealed before a court.
2.15 Subsequently, the Refugee Appeals Board has informed the Danish Refugee Council
by telephone that they had received a reply from the Italian authorities through the Danish
police, dated 8 August 2015, and that the Italian authorities would now accept the entry of
the family.
The complaint
3.1
The authors allege that their deportation to Italy will put them and their four children
at risk of inhuman and degrading treatment contrary to the best interest of the child, in
violation of article 7 of the Covenant, as they would face homelessness, destitution and
5
4
In the decision, the Refugees Appeals Board refers to the information on Italian immigration rules as
reproduced in European Court of Human Rights, Mohammed Hussein and Others v. the Netherlands
and Italy, application 27725/10, 2 April 2013.