APPENDIX B: SUMMARIES OF SELECTED CASES
The Ombudsman stated that in his opinion parties to cases should be sent letters acknowledging receipt of their applications and individual notifications of
the case processing time. The Immigration Service could not deviate from this
by asking applicants to telephone the Service or consult www.nyidanmark.dk
for information.
The Ministry of Justice – which became responsible for the subject matter
through a reorganisation of responsibilities – agreed with the Ombudsman’s
opinion and asked the Immigration Service to ensure that parties to cases were
sent letters of receipt and kept apprised of the case processing time.
As a result of the Ombudsman’s investigation, the Immigration Service also
stated that the Service would change its guidelines on when to take notes on
telephone reminders in the cases, in accordance with the Ombudsman’s statement.
2012-13. Doubtful if verbal order to remain silent could
be considered valid
Following a general election a member of the Danish Parliament was a candidate for a ministerial post. Prior to the Government being formed, he was
summoned to a meeting at the Prime Minister’s Office with, among others,
the Permanent Secretaries of the Prime Minister’s Office and the Ministry of
Justice. At the meeting he was shown a memorandum written by the Security
and Intelligence Service (PET) containing information which the ministries
believed would prevent him from obtaining the required security clearance to
become a minister. He was also issued with a verbal order to remain silent with
regard to the information in the memorandum. He later asked the Ministry of
Justice for access to the memorandum but his request was refused.
Through his lawyer, the Member of Parliament complained to the Ombudsman. The Ombudsman stated that he did not have sufficient grounds for rejecting the authorities’ assessment that an order to remain silent could be imposed
with regard to the information in the memorandum. However, the Ombudsman did find it a matter for severe criticism that the order to remain silent had
not been imposed in writing and that the availability of documentation of the
order’s existence, content and scope was not otherwise ensured. In the Ombudsman’s opinion these circumstances made it extremely doubtful whether the
order to remain silent could be enforced.
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