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Second instance determination - Denmark
Last updated on 21/05/2025

*Note that Denmark is not bound by the recast Asylum Procedures Directive or the recast Reception Conditions Directive. However, provisions of the Dublin III Regulation apply under specific procedures.

 

In Denmark there are two reviews possible against a decision regarding international protection.

 

The first review is before the Refugee Appeals Board, a specialised quasi-judicial body which reviews decisions taken by the Danish Immigration Service.

  • If the asylum decision was taken in the regular asylum procedure, the Immigration Service sends the negative decision automatically to the Refugee Appeals Board, after 14 days have elapsed since the notification of the applicant, in all cases where a negative decision was pronounced.
  • If the asylum decision was taken in the accelerated procedure and the application is considered manifestly unfounded, the decision is first sent for review to the Danish Refugee Council, a private and independent non-governmental organisation. If the Danish Refugee Council upholds the decision of the Danish Immigration Service, the decision will be considered final and there will be no possibility to appeal (Section 53b, Aliens Act). If the Danish Refugee Council disagrees with the Immigration Service, the case is sent to the Refugee Appeals Board for a final decision (Section 56(8), Aliens Act).

The review before the Refugee Appeals Board has automatic suspensive effect and the applicant has the right to remain in Denmark until the Refugee Appeals Board takes a final decision. Legal assistance is provided before the Refugee Appeals Board.

The Refugee Appeals Board examines cases in full, on facts and aspects of law.

 

The second judicial review is before general courts, which analyse appeals lodged against decisions of the Refugee Appeals Board only limited to legal issues, which may include shortcomings in the legal basis of the decision, procedural errors and unlawful exercises of discretion (Section 63, Danish Constitution). This is however rarely used and not covered in this overview.

 

The relevant legal provisions concerning the review of asylum cases for status determination are included in the Executive Order on rules of procedure for the Refugee Appeals Board (Bekendtgørelse om forretningsorden for Flygtningenævnet) of 29 May 2017 and in Chapter 8 of the Aliens Act.