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Aliens (Consolidation) Act

The following is a consolidation of the Aliens Act, see Consolidation Act No. 984 of 2 October 2012 with the amendments following from section 2(1)(iv) to (vii), (ix) to (xi), (xiii) to (xv) and (xx) of Act No. 1398 of 27 December 2008, section 3(1)(iii), (xxv) and (xxvi) of Act No. 1511 of 27 December 2009, section 1(1)(xc) of Act No. 418 of 12 May 2012, section 1 of Act No. 571 of 18 June 2012, section 1(1)(xxxii), (xxxiii) and (xxxv) to (xxxvii) of Act No. 572 of 18 June 2012, section 1 of Act No. 430 of 1 May 20132), Act No. 432 of 1 May 2013, Act No. 433 of 1 May 2013, section 2 of Act No. 434 of 1 May 2013 and section 7 of Act No. 647 of 12 June 2013.

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26a. In deciding on expulsion, special regard must be had to the question whether the circumstances potentially giving rise to expulsion are a consequence of the fact that the alien has been trafficked, and whether this fact makes expulsion inappropriate.

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33. (14) If an alien has been trafficked, the Danish Immigration Service shall, upon request, determine the time limit for departure to be 30 days unless particular reasons make it inappropriate. Upon request, the time limit for departure may be determined to be later or may be extended if - 41 - particular reasons make it appropriate or if the alien is cooperating concerning a prepared return. The time limit for departure may not exceed 120 days.

(15) Subsection (14) applies correspondingly to an alien who has been trafficked and has been expelled by judgment.

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56a. (1) Unless exceptional reasons make it inappropriate, an appropriate adult must be appointed to an unaccompanied alien under the age of 18 who is staying in Denmark to safeguard his interests. If the unaccompanied alien under the age of 18 has been trafficked, regard must be had to this in the appointment of the appropriate adult. At the request of the Danish Immigration Service, an organisation approved for this purpose by the Minister of Justice shall recommend a person to the office as an appropriate adult. Upon agreement with the Minister of Justice, the organisation may employ persons to act as appropriate adults. The appropriate adult will be appointed by the State Administration.

(2) If a child falling within subsection (1) has attained the age of 12, the child must be interviewed about the appointment of an appropriate adult for safeguarding the interests of the child, see subsection (1), before a decision is made to appoint such appropriate adult. The interview may be omitted if it must be assumed to be harmful to the child or of no importance to the case. If the child is under the age of 12, an interview as mentioned in the first sentence hereof must be conducted if warranted by the child’s maturity and the circumstances of the case.

(3) The State Administration may vary a decision made under subsection (1) if the variation is in the best interests of the child.

(4) Appeal against decisions made by the State Administration under subsections (1) and (3) lies to the Minister for Social Affairs and Integration.

(5) The Minister for Social Affairs and Integration may lay down more detailed rules on the examination of cases carried out by the State Administration under subsections (1) to (4).

(6) The office as an appropriate adult for safeguarding the interests of a child, see subsection (1), ceases when – (i) the child has been issued with a residence permit for Denmark and another person is temporarily appointed to have custody of it under section 28 of the Parental Responsibility Act; (ii) the child attains the age of 18; (iii) the child departs from Denmark; (iv) the person having custody of it enters Denmark or otherwise becomes able to exercise custody; (v) the child’s spouse enters Denmark; (vi) the child contracts marriage and the State Administration does not make a decision under section 1, second sentence, of the Act on the Formation and Dissolution of Marriage; or (vii) the State Administration so decides under subsection (3).

(7) If the Danish Immigration Service submits a case concerning a residence permit under section 7 for a child falling within subsection (1) to the Danish Refugee Council, see section 53b, the Danish Immigration Service shall at the same time assign counsel to the child unless the child has itself retained one. Section 55(2) to (4) applies correspondingly. The Minister of Justice may lay down more detailed rules on the assignment of counsel by the Danish Immigration Service under the first sentence hereof.

(8) The Danish Immigration Service shall assign counsel to a child falling within subsection (1) whose application for a residence permit under section 7 has been refused unless the child has itself retained counsel or exceptional reasons make it inappropriate. If an appropriate adult has been appointed to represent the child, see subsection (1), the appropriate adult must be notified of decisions to assign counsel to the child. Section 55(2) to (4) applies correspondingly. The Minister of Justice may lay down more detailed rules on the duty of the Danish Immigration Service to assign counsel under the first sentence hereof.

(9) Subject to the consent of a child falling within subsection (1), the Danish Immigration Service shall initiate a search for the parents or other family network members of the child unless the child can take up residence at a reception and care centre in its country of origin or former country of residence. This does not apply if the child falls within section 2(1).

(10) The Danish Immigration Service shall initiate a search as mentioned in subsection (9) if the child has been trafficked unless particular reasons make it inappropriate. The Danish Immigration Service shall also initiate a search as mentioned in subsection (9) if exceptional reasons otherwise make it appropriate.

(11) The search for parents or other family network members, see subsections (9) and (10), may be carried out in cooperation with one or more organisations approved for this purpose by the Minister of Justice. In connection with the search for the parents or other family network members of the child, the Danish Immigration Service and the said organisations may exchange information on the child’s personal circumstances without the consent of the child or its appropriate adult.

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