T was arrested on 18 December 2022 at Copenhagen Airport for using another person's Swedish passport to travel from Athens. On 19 December 2022, she was convicted by the Copenhagen City Court under Section 174 of the Danish Criminal Code (misuse of identity documents) and sentenced to 10 days' imprisonment with a 6-year entry ban. Despite having been denied asylum in Greece, during the court hearings T stated that she planned to apply for asylum in Denmark.
Subsequently, T was placed in detention under Section 14(2) of the Danish Return Act. Her asylum application was rejected by the Danish Immigration Service on 7 July 2023. This decision was upheld on 13 September 2023 by the Refugee Appeals Board, who also set an immediate departure deadline. T refused to cooperate with her deportation process and attempted to reopen her asylum case on 6 October 2023, which was denied without a suspensive effect over the deportation deadline.
On 17 October 2023, Holbæk District Court extended her detention under Section 14(1)(1) of the Return Act. During the proceedings, the prosecution requested to hold the hearings in camera (closed hearings), but the District Court rejected the request citing insufficient justification under Sections 29(1)(2) and 29(c)(1)(2) of the Danish Administration of Justice Act. Following the prosecution's appeal, the decision was reversed by the Eastern High Court on 10 November 2023, ordering that the hearing be held in camera due to its implications for Denmark's relations with foreign powers.
T's detention was repeatedly extended in subsequent decisions. In December 2024, she was recognised as a victim of human trafficking, even if the authorities underlined that this did not justify her release and that the deportation process would continue. Following the finding on human trafficking, she was granted a 30-day reflection period. In January 2024, she expressed her willingness to cooperate with her deportation process, but at the end of that same month she withdrew her consent. On a decision of 2 February 2024, the High Court once again confirmed the need for closed-door hearings. The High Court also ruled that despite new evidence proving T was a victim of trafficking, her deportation process would continue, and her detention was upheld. She was ultimately deported on 14 April 2024.
The Supreme Court reviewed two key issues: the legality and proportionality of T's continued detention under the Return Act, and the justification for closed hearings. The specific decisions appealed by the applicant were the High Court orders of 10 November 2023 and 2 February 2024.
The applicant argued that the pre-trial detention in the two appealed rulings was disproportionate and contrary to Article 6 of the European Convention on Human Rights (ECHR). She claimed that Danish authorities only contacted authorities in her home country 2 months after her detention had been upheld by the 10 November 2023 decision. Additionally, she stated that after the finding that she had been a victim of trafficking and the granting of a reflection period, she should have been released and assigned a place to stay. She also contested the door closure during the hearings, which she alleged was not necessary to protect Denmark's relations with foreign powers and contrary to the right to a fair and public hearing under the ECHR and relevant UN conventions ratified by Denmark.
The court confirmed that, under Section 14(1)(1) of the Return Act, detention is allowed in the absence of less intrusive measures to ensure the presence of the foreign national during the proceedings and during any appeal until their deportation. The court emphasised that, although T's detention exceeded her original sentence of 10 days' imprisonment, this was justified by her lack of cooperation and the prospect of deportation within a reasonable timeframe. The court referred to previous case law (e.g. UfR 2020.1998 and UfR 2023.4801) confirming that, while there is an obligation to assess proportionality, extended detention can be lawful if necessary to achieve deportation.
On the matter of closed hearings, the court upheld the High Court's decisions. It found that decisive considerations related to Denmark's foreign policy justified this under Sections 29(1)(2) and 29c(1)(2) of the Administration of Justice Act. The court rejected T's contention that public interest or media coverage outweighed the need for confidentiality regarding Denmark's relations to foreign powers.
The Supreme Court upheld the High Court's appealed decisions of 10 November 2023 and 2 February 2024, confirming the legality and proportionality of T's continued detention and the necessity of closed hearings due to foreign policy considerations. The court did not find a violation of the ECHR or other international obligations.