The applicant is a Chinese national acting on behalf of her children, X.C., L.G. and W.G., born in Denmark. They are all subject to a deportation order to China after she was denied asylum in September 2015 by the Danish Immigration Office. Her appeal against that decision was dismissed in March 2017 by the Danish Refugee Appeals Board. The applicant lodged a complaint with the UN Committee on the Rights of the Child claiming that their deportation would violate her children’s rights under articles 2, 3, 6, 7 and 8 of the Convention on the Rights of the Child. Specifically she claimed that Denmark failed to take the best interests of her children into account when considering their asylum application, since if they were to be deported to China, her children, who were born to unmarried parents, would risk being forcibly removed from her and not be registered in the local registries, which would hinder their access to health, education and social services.
The UN Committee on the Rights of the Child allowed her complaint. It found that the Danish authorities had investigated whether the children would have access to registration in the local registries and they concluded that at least for a period of time they would be treated less favourably than other Chinese children in terms of medical care, education and social services and that it would be difficult for the to obtain the registration.
The CRC also found that the Danish authorities have not sufficiently verified whether the childrens' Danish birth certificate would be sufficient for their registration, if there were any other procedures required to obtain the birth certificates, how long it would take for a registration, and how the rights of the children would be ensured pending or failing their registration.
The CRC concluded that Denmark failed to duly consider the best interests of the child and to take proper safeguards to ensure the children's well-being upon return.
See also the decision of the Danish Refugee Appeals Board adopted following the UNCRC views.