Rejection of asylum – then what?
If an asylum claim is rejected by the Danish Immigration Service through a Manifestly Unfounded Procedure or by the Refugee Appeals Board through a Normal procedure, the asylum case is then settled and no longer subject to appeal.
You will be moved to return center Avnstrup if you agree to voluntary return. If you refuse, you will either stay in Avnstrup, but under restricted conditions (families) or be moved to one of the deportation centers Kærshovedgård in Mid Jutland or Sjælsmark in North Zealand (singles people). You no longer have access to pocket money, internship, jobs etc. The Return Agency will try to persuade you to cooperate, and in the end deport you by force if possible.
Read more in detail about the issue of rejected asylum seekers and return in the report "En fast hånd i ryggen" by Michala Clante Bendixen (in English by September 2021).
In order to re-open the case in the Refugee Appeals Board (on average it will take 15 months) at least one of the following things are required: New and important information that was not available at the time the case when the asylum case was rejected (or that the board has not seen previously)
1) New and important information that was not available at the time the case when the asylum case was rejected (or that the board has not seen previously)
2) Evidence for things that the board had previously deemed to be untrue
3) The situation in the country of origin has changed radically
4) The board has made a procedural change in practice for other similar cases
5) A new asylum motive has arisen after the rejection.
However, very few cases are reopened and re-considered. Most asylum seekers get rejected because of lack of credibility and that is very hard to turn around.
Appeal to the UN Human Rights Committee or the European Human Rights Court (often takes several years)
If a lawyer or an organization that provides counselling assess that a case’s ruling is incorrect and that the case has a chance of being appealed to the UN Human Rights Committee or the European Human Rights Court, then it is possible to stop the deportation order of a rejected asylum seeker. However, this takes a lot of work and it can take a long time before the status of a case is determined. It might lead to another rejection in the end.
Only very ill people who cannot obtain treatment in their country of origin can be granted humanitarian residence. It requires medical documentation. Very few people are granted this status per year.
Asylum seekers are not entitled to get married in Denmark. There are different possibilities of compensation, but those are very strictly administered. Normally, this requires a valid passport and an established relationship. In order to obtain family reunification, you have to apply from your home country and meet a list of demands. The Danish demands are very strict, but if you can use the EU brules they are less rigid. Seek counselling for the individual case at a lawyer or an organisation that offers legal counselling.
If none of the possibilities mentioned is an option:
Often, the best option for rejected asylum seekers is to sign the papers for voluntary return. Occasionally, the Danish state gives rejected asylum seekers (who return voluntarily) a greater amount of cash that she/he will receive in her/his country of origin via IOM. If you are not collaborating, there is a risk of being imprisoned and deported. It is usually not possible for rejected asylum seekers to seek asylum in another EU country because the asylum seeker would be returned to Denmark (as per the rules of the Dublin Regulation).