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Guidelines for appeal

 

Appeal

You can appeal to the Immigration Appeals Board against a decision made by the Danish Immigration Service or the Danish Agency for International Recruitment and Integration. There are no requirements for the design of the appeal. Though you must be aware that there is a time limit for appeal, and for certain types of cases a fee must be paid.

Who may appeal?

You may as a party to the case appeal against a decision made by the Danish Immigration Service or the Danish Agency for International Recruitment and Integration. Furthermore you may choose to have a lawyer representing you. Should you wish to have a representative, who is not a lawyer, or a legal aid institution that does not have a liability insurance, representing you, you will together with the appeal have to send a written power of attorney. Please note that it is considered a condition that a legal aid institution has a liability insurance in order to be exempt from the condition of sending a power of attorney. This does not apply to spouses or parents of minor children, who do not have to send a power of attorney.

The power of attorney must be sent together with the appeal, and it must specifically be valid for the handling of the case by the Immigration Appeals Board. Furthermore the power of attorney must be signed by the person whom the appeal relates to. You can find the power of attorney forms in Danish and in English at the bottom of this page. You can only have one person representing you, and during the handling of the case all correspondence as well as forwarding of the decision will be made to the representative.

Time limit for appeal

An appeal against a decision made by the Danish Immigration Service or the Danish Agency for International Recruitment and Integration must be submitted at the latest 8 weeks after you have received the decision. If you do not comply with this time limit, the appeal will be rejected.

Fees

A fee must normally be paid when a foreign national appeals a decision made by either the Agency for International Recruitment and Integration or the Danish Immigration Service. A fee must also be paid if a foreign national requests the Immigration Appeal Board to reopen the case and the original case was subject to a fee. Some cases are exempt from paying a fee. The fee payment can be waived if Denmark's international obligations or EU regulations require it. The fee must be paid at the latest at the same time as you submit the appeal. Otherwise your appeal will be rejected. You can read more about which types of cases have imposed fees, as well as paying the fee (create a case order) here. When you submit the appeal to the Immigration Appeals Board, you should enclose the receipt for payment of the fee.

When you submit the appeal to the Immigration Appeals Board, you should enclose the receipt for payment of the fee.

Time limit for departure

If you have received a time limit for departure date in connection with a decision made by the Danish Immigration Service or the Danish Agency for International Recruitment and Integration, the Immigration Appeals Board will as soon as possible decide whether there could be very special circumstances, that would enable you to stay in Denmark, while the case is being handled at the Immigration Appeals Board. If in your case the Immigration Appeals Board does not find such very special circumstances, it is still your duty to leave Denmark in accordance with the time limit ruled by the Danish Immigration Service or the Danish Agency for International Recruitment and Integration. You cannot appeal the decision itself whether you can stay in Denmark while the Immigration Appeals Board is handling the case.

If you do not comply with the ruled time limit for departure, you can be expelled from Denmark with an entry ban, including being sentenced to a fine or imprisonment.

Should you have problems with leaving Denmark because of missing travel documents or difficulty in obtaining flight tickets or other means of transportation before the time limit for departure, the Immigration Appeals Board will refer you to the Danish National Police, National Aliens´ Centre, which maintains departure control in cases concerning residence permit in Denmark.

How you submit an appeal to the Immigration Appeals Board

You can submit an appeal by sending an email to: udln@udln.dk or by letter to: Udlændingenævnet, Adelgade 13, 1304 København K.

In order to simplify the processing of the case, in connection with submitting the appeal, you should do the following:

- Specify Personal ID, Postal address and telephone number

- Enclose a copy of the decision you are appealing against

- Enclose a receipt for payment of the fee, if your appeal is imposed with a fee

- Enclose a written power of attorney, if you wish to have a representative in the case

- State the reason why you want to make an appeal against the decision

If you wish to deliver the material by personal appearance at the Immigration Appeals Board, you should bring a copy of the above mentioned material.

You can find the contact information and opening hours of the Immigration Appeals Board here.

Case processing at the Immigration Appeals Board

When you have submitted an appeal against a decision made by the Danish Immigration Service or the Danish Agency for International Recruitment and Integration to the Immigration Appeals Board, you will receive a receipt confirming that the secretariat of the Immigration Appeals Board has received your appeal. Here you will amongst other things be informed whether you can stay in Denmark while the Immigration Appeals Board is handling the case, if you at the time of submission of the appeal are staying in Denmark and have received a time limit for departure. You will also be informed about the actual average processing time at the Immigration Appeals Board.

It is up to the appellant to forward any necessary and relevant material for the case. In this connection you must be aware, that the Immigration Appeals Board as an independent authority not automatically has access to or will require information from other public authorities, including for instance TAX administration, or other private companies and organizations in connection with the handling of your appeal. The Immigration Appeals Board does always try to obtain those case files from the Danish Immigration Service or the Danish Agency for International Recruitment and Integration that were included in the processing of your case at the first instance.

You have the possibility of submitting material continuously to the Immigration Appeals Board, but you should submit any further remarks or documents as soon as possible, so that the immigration Appeals Board has the possibility of including the material, before a decision is made. If the Immigration Appeals Board rules that information in the case is missing, you will receive a letter from the secretariat of the Immigration Appeals Board, in which you are requested to submit the missing information.

The Immigration Appeals Board normally processes the cases in the order, in which the Immigration Appeals Board receives them. There are no fixed service levels for case processing time at the Immigration Appeals Board, and the secretariat cannot give information about at what specific time the Immigration Appeals Board will make a decision in your case. To the extent that the announced average processing time is exceeded, the Immigration Appeals Board will inform you by letter, when instead the Immigration Appeals Board expects to make a decision.

It is the Ministry of Immigration, Integration and Housing, who makes secretarial assistance available to the Immigration Appeals Board. This means that it is the secretariat of the Immigration Appeals Board which prepares your case for processing at the Immigration Appeals Board, which makes the actual decision in your case.

You therefore have no fixed caseworker, and the secretariat does not have the possibility of informing you of the result of your appeal case in advance.

As you do not have the possibility of addressing yourself directly to the members of the Immigration Appeals Board, it will be the secretariat that will be responsible for the contact between you and the Immigration Appeals Board.

You can read more about the Immigration Appeals Board and the secretariat of the Immigration Appeals Board on the homepage: www.udln.dk.

> Fuldmagtsblanket - dansk [pdf]

> Power of Attorney - english [pdf]

Senest opdateret: 26-04-2016

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Udlændingenævnet | Adelgade 11-13 | DK-1304 København K | Telefon +45 6198 3800 | E-mail udln@udln.dk | Digital Post