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DK: The Refugee Board dismissed asylum request of Syrian family but did not impose a return deadline as the family had residence permits based on other grounds

Input Provided By
Other Source/Information:
Referral to the CJEU
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights;
Denmark, Refugee Appeals Board [Flygtningenævnet], Applicants (Syria) v Danish Immigration Service, 29 May 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
Case history
Related cases:

The applicants are a married couple and the couple’s minor child from Syria. They are Arabs and Sunni Muslims from Jobar in Damascus, Syria. The applicants entered Denmark in 2016 after joining their adult sons who had been granted asylum in Denmark. The applicants applied for asylum in 2018. The case was examined together with the couple’s adult daughter who entered with the applicants in 2016 and who applied for asylum at the same time as the applicants. The applicants invoked their fear of being arrested and killed by the authorities on return to Syria because their sons have escaped military service and come from an area in Damascus previously controlled by rebel groups. In addition, they referred to the general situation in Syria.

The Immigration Service dismissed their application and the the Refugee Board upheld the decisions of the Immigration Service. After analysing the evidence, the Board held that the applicants have not shown any likelihood that they would be at risk of persecution covered by Section 7 (1) of the Aliens Act or at risk of abuse covered by Section 7 (2) of the Aliens Act when residing in Syria. It further added that since June 2019, the current situation in Damascus is no longer such as to justify the conclusion that any person would be at real risk of being subjected to abuses contrary to Article 3 of the ECHR solely because of mere presence in the territory. In the absence of information which could lead to a change in the assessment, there was therefore no basis for granting applicants a residence permit under Section 7 (3) of the Aliens Act. 

The decision further added that no exit deadlines are set, as the applicants hold a residence permit on other grounds. If applicants’ residence permits are not renewed or lapsed and they do not leave voluntarily, they may be forcibly expelled to Syria.

Country of Decision
Court Name
DK: Refugee Appeals Board [Flygtningenævnet]
Case Number
Date of Decision
Country of Origin
Country of Origin Information
Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription