32
ANNUAL REPORT 2011
sion in 2007 and that he had lived with his mother’s brother and his family
until he left for Denmark. He had no other family in Iraq. Subsequently he had
been informed that his uncle was no longer alive either.
In summer 2009, the Immigration Service and subsequently the Refugee Appeals Board rejected the boy’s asylum application. Soon after, the Immigration
Service also rejected his application for residence under the special rules applying to unaccompanied refugee children on the grounds that in the Immigration
Service’s opinion the boy would not be in an actual emergency situation when
he returned to Iraq.
The boy’s lawyer appealed the rejection of residence to the then Ministry of Integration, which in January 2010 upheld the decision by the Immigration Service. In the Ministry’s opinion, it had not been documented or rendered likely
that the boy’s uncle was dead or that the boy had no family network in Iraq.
The Immigration Service had made no attempt to search for the boy’s uncle
while the case was being processed.
The boy’s lawyer then lodged a complaint with the Ombudsman. Among other
things, he argued that the Immigration Service should have searched for the
boy’s uncle, as he was the boy’s only surviving relative in Iraq after his parents’
death. If the uncle was not found, the lawyer believed the boy would be in an
actual emergency situation if he returned to Iraq.
Problem not confined to this boy
As mentioned at the start, the Immigration Service had been under an obli
gation to initiate a search for the parents of unaccompanied minors seeking
asylum since 2003 and for the parents of all unaccompanied children since
2007. This obligation was included in the Aliens Act for the sake of the child.
The purpose of the rule was to help the child find its parents and – if possible –
be reunited with them.
However, the problem was that the Immigration Service did not attempt to find
the parents before the child was about to be repatriated, and then only to ensure
a safe repatriation. Moreover, the Immigration Service had not yet established a
well-functioning search arrangement even as part of the procedure intended to
ensure a safe repatriation.
As a result, any attempt by the Immigration Service to find the child’s parents
might not be made until a long time after the child’s arrival in Denmark. How-
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