The case concerned a Chinese applicant acting on behalf of her three children, born in Denmark, who were all subject to a deportation order to China after she was denied asylum in September 2015 by the Danish Immigration Office. Her appeal was dismissed by the Refugee Board and 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. The UNCRC in Communication No 31/2017 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.
On 4 November 2020, the Refugee Appeals Board decided to reopen the case for further oral hearing following the opinion of the UN Children’s Committee of 28 September 2020. The Refugee Board consulted the Ministry of Foreign Affairs in order to clarify further the facts that gave rise to the UNCRC’s criticism. The Ministry confirmed that the children’s Danish birth certificates will be recognised by the authorities for registration, and that the applicant would be able to apply for the confirmation that they do not have “Overseas Chinese Status” since they did not obtain a residence permit in Denmark. Additionally, it stated that failure to register the children on the Hukou register would not result in a less favourable treatment as both parents are registered in it, and therefore the children are not at risk of persecution within the meaning of the Aliens Act, Paragraph 7(1), nor at risk of serious harm within the scope of the Aliens Act, Paragraph 7(2). The Refugee Board considered that the information obtained cannot change the assessment of the case and therefore maintained its decision.
We use cookies on Case law's website to support technical features that enhance your user experience. For more information please consult our Cookie Policy .