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annual report 2012
In the Ombudsman’s opinion the case was not covered by the provisions of the
Public Administration Act on the right of a party to a case to obtain access
to documents of the case, as the case concerned a criminal prosecution matter (section 9(3) of the Public Administration Act) and, consequently, despite
having power of attorney, the journalist was not entitled to party access to files
according to section 9(1) of the Act.
The Ombudsman agreed with the Ministry of Justice that, since it was a criminal
justice administration case covered by section 2(1)(i) of the Act on Public Access to Documents on Public Files, all the documents and information in the
case, including document logs etc., were exempt from the provisions of the Act
on Public Access to Documents on Public Files on access to files.
In the Ombudsman’s opinion the provisions of the Administration of Justice
Act on access to files in criminal cases – or at least the principles of the Act –
were applicable.
2012-3. The immigration authorities must notify applicants
individually and directly of receipt of application and
case processing time. General information on website is
no substitute
The Ombudsman received a complaint about the case processing time of the
Immigration Service and the then Ministry of Integration. In the complainant’s
opinion the Immigration Service had taken too long to process an application
for extension of a residence permit and the Ministry of Immigration had taken
too long to consider his complaint about the case processing time of the Immigration Service.
During his investigation of the case, the Ombudsman became aware that the
Immigration Service did not send out letters of receipt to notify those who
had applied for an extension that their applications had been received and were
being processed. Nor did the Immigration Service provide direct (and regular)
information on how long it would take to process their applications. Instead,
the Immigration Service informed applicants that they could consult the website www.nyidanmark.dk or telephone the Service for information on the case
processing time.
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