Exclusion clauses and Tolerated stay

The UN Refugee Convention contains a provision (article 1F) which ensures that a person who has committed a crime against peace, a war crime, or a crime against humanity is excluded from international protection – i.e. asylum. This is called the exclusion clauses and in the Danish Immigration Law this provision is stated in § 10. Yet sometimes you have a situation where an asylum seeker, on one hand, is in danger in her/his country of origin and therefore is protected by § 7,1 or § 7,2 but on the other hand, is excluded from international protection because she/he has committed a crime against humanity. For example, this person can be a prison guard who participated in physical assaults on prisoners or an officer who has committed a war crime. Thus, Denmark can neither deport this person to her/his country of origin nor can Denmark grant her/him rights as a residence permit in Denmark.   

These people are assigned the status ‘tålt ophold’, in English ‘Tolerated stay’. This is an indefinite status and the person has to live at Kærshovedgård where she/he is required ‘sign in’ with the police daily, she/he is not allowed to work or study and does not receive any allowance. Read more about Kærshovedgård asylum center. 67 people currently hold the status ‘Tolerated stay’ in Denmark and since 2007, nobody holding this status has been deported. One case (link to Danish article) has been brought to the Supreme Court that ruled that the sentence was unproportioned and that the time aspect of ‘Tolerated stay’ constituted a violation of the person’s human rights. Subsequently, this case has not provided a basis for other people to be ‘taken off the list’ (of Tolerated stay). 

The majority of the people holding the status ‘Tolerated stay’ are not affected by the exclusion clauses but have been granted asylum and thereafter committed a crime that has led to a sentence of expulsion. If they cannot be safe in the country of origin, then they will be granted the status ‘Tolerated stay’ after they have served their sentence and stay indefinitely in Denmark under these restrictions.