106
ANNUAL REPORT 2017
Q. MINISTRY OF IMMIGRATION AND INTEGRATION
The following statements on cases concluded in 2017 have been published:
2017-10. Illegal instruction to accommodate all married or cohabiting
15- to 17-year-old asylum seekers separately from their partner
On 10 February 2016, the then Ministry of Immigration, Integration and
Housing issued a press release stating that in future, no asylum seekers under
18 years of age would be permitted to be accommodated in Danish asylum
centres together with a spouse or cohabitee. On the same day, the press release was sent to the Danish Immigration Service as an instruction.
The Ombudsman opened a general case about the legality of the instruction.
The Ombudsman concluded that it was a requirement under, among other
things, general principles of administrative law and international conventions
that a specific assessment was to be made in each case of the issue of separate
accommodation. Although it was to be assumed on the basis of the written
information available in the case that the Ministry’s overall intention had
not been to order the Immigration Service to adopt an illegal practice, the
instruction – which was categorical and allowed no exceptions – was therefore
illegal by virtue of its content.
The Ombudsman found the Ministry’s course of action very difficult to
understand and very risky in the light of the fundamental requirement for the
Ministry to ensure lawful administration in the area. In conclusion, the Ombudsman found that the Ministry’s course of action was a matter for extreme
criticism.
While the Ombudsman was investigating the case, he was informed that in
November 2016, there were no longer any couples who were accommodated
separately from each other against their will. In addition, the Ministry drew
up a memorandum in December 2016 on the interpretation of Denmark’s
international obligations in cases involving the accommodation by the Immigration Service of married or cohabiting underage asylum seekers in asylum
centres. Overall, the Ombudsman agreed with the description in the memorandum of Denmark’s international obligations, and on that basis, he took no
further action on the matter.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents