All rejected Iraqi asylum seekers in Denmark have had their cases thoroughly reviewed by the refugee authorities based on a factual and individual assessment of all relevant information pertaining to the case. The Refugee Appeals Board shall stay updated and informed about the general situation in the countries from which Denmark receives asylum-seekers, and the board has an extensive collection of background information which includes – but is not limited to – recommendations and guidelines from the UNHCR. Iraqi asylum-seekers who have had their cases reviewed by the refugee authorities also have the opportunity to apply for a residence permit on humanitarian grounds. According to the Danish Aliens Act, Section 9 b, subsection 1, a residence permit on humanitarian grounds can be granted to a foreign national who is registered by the Immigration Service as an asylum seeker in Denmark. The applicant must be in such a situation that significant humanitarian considerations warrant a residence permit. The Danish Parliament has decided that humanitarian residence permits should be the exception, not the rule. Applications for a residence permit on humanitarian grounds are considered by the Ministry of Refugee, Immigration and Integration Affairs. The Ministry conducts a factual assessment of each individual application. In making this individual assessment, the Ministry places A/HRC/13/39/Add.6 60 protection against torture, which was adopted by consensus.

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