Order On The Rules Of Procedure For The Refugee Board

Original Language Title: Order on rules of procedure for Refugee Board

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Overview (table of contents) Chapter 1 of the Refugee Board composition and organization and appointing the members Chapter 2 Refugee Board competence Chapter 3 Refugee Board business Chapter 4 Cases considered by the courts permit under Chapter 7 b Chapter 5 Miscellaneous Provisions The full text of the Order on the rules of procedure for the Refugee Board Under section 56 paragraph. 9 of the Aliens Act. Act No. 984 of October 2, 2012, and after discussion in Refugee Board chairmanship and co-ordination: Part 1 Refugee Board composition and organization and appointing the members Composition and organization section 1. Refugee Board consists of a Chairman and Vice-Presidents and other members. PCS. 2. The chairman shall be a High Court judge or Supreme Court judge, and the deputy chairmen shall be judges. The other members must be lawyers nominated by the Danish Refugee Council, serving in the Foreign Ministry's department or server in the Ministry of the Justice department. § 2. Refugee Board treatment in a case the chairman or a Deputy chairman, a lawyer, a member recommended by the Danish Refugee Council, a member who is serving in the Foreign Ministry's department and a member who is serving in the Justice department referred Ministry's. However, sections 44, 45, 46 and 47. § 3. The President and the Vice-Presidents of the Refugee Board Presidency. The tasks shown in § § 13-16. § 4. Refugee Board Coordinating Committee composed as stated in § 2 and consists as far as possible the permanent members. The Coordination Committee's duties stated in section 17. Appointment and termination of office of the member of the Refugee Board § 5. Refugee Board members are appointed by the Refugee Board Presidency. The judges are appointed on the recommendation of Court Administration, the lawyers appointed upon the recommendation of the General Council, and the other members are appointed upon recommendation by the Danish Refugee Council, the Foreign Minister and the Minister of Justice. PCS. 2. The appointment is decided at a meeting of the Refugee Board Presidency (Chairman meeting) or by written submission to the individual members of the Presidency. Refugee Board Secretariat shall prepare for that purpose (a) the list of nominated committee members, as submitted to the Presidency. Following the presentation, the secretariat draws a protocol on the Presidency's approval which sets 1) of the members who have been appointed by the ruling, possibly by reference to the list of nominated committee members attached, 2) appointing period and 3) specific conditions that have been discussed concerning the term of office. PCS. 3. the Refugee Board members are appointed for a period of 4 years. PCS. 4. A board member has the right to reappointment for a further period of four years. In addition, been renewed in not take place. Members are appointed prior to the entry into force of Law No. 572 of 18 June 2012 amending the Aliens Act, the renewal of their mandate in accordance with the Act § 2. 4. renewal of their mandate Refugee Board Chairman, continues the chair. Refugee Board Secretariat shall, before appointing period the board members that renewal of their mandate, if they want to continue the appointment of the new term of office. Proceed in accordance with paragraph genbeskikkelser city. 2. § 6. Refugee Board members can only be removed by judgment. Administration of Justice sections 49-50 of the Special Appeals Court jurisdiction shall apply mutatis mutandis to the Refugee Appeals Board. PCS. 2. The office of member of the Refugee Board ceases when they resign to his own request, or when the conditions for the member's appointment are no longer met. The appointment ends by the end of the month in which he turns 70 years. Exemption from the office of the Refugee Board communicated by the President. The Presidency informed of this at a meeting of chair person. PCS. 3. If a member of the Refugee Board for a period communicated leave from the position, which was a prerequisite for appointment, notify the Refugee Board Chairman corresponding member on leave from the office of the Refugee Board in the period. Election of the Chairman of section 7. Refugee Board Presidency elect a chairman from among the members who are Court judges or Supreme Court justices. PCS. 2. Election of Chairman happening to a meeting of chair person. If more than one member wants to be elected president, the election by secret ballot among the participating members. Any member prevented from attending may vote by proxy. The election decided by a majority. After President meeting the secretariat draws up a protocol on the election, which indicated 1) the names of the members who wanted election as President, 2) the names of the members who have participated in the vote and the names of the members who have given voice by written proxy, and 3) the name of the member elected as chairman. Ad hoc appointment and substitution section 8. Refugee Appeals Board may authorize one or, if necessary, several of his deputies for fixed or ad hoc two replace the Chair person. PCS. 2. The President or the chairman, deputy of can ad hoc appointment a member who has resigned from the board two deliberate in a case in which he has previously taken part in the. PCS. 3. When a member is absent or has resigned from the Board, the President or the Vice-President as the President authorizes, appointment or ad hoc appointment another member two replace the member in question during the continued treatment (substitution). Cases where the rule of law considerations, including cases where there are issues of credibility or where the asylum seeker's personal appearance before the Board is of relevance to the outcome of the case treated orally to a new board meeting. PCS. 4. The President can also authorize one or if necessary the Vice-Presidents fixed or ad hoc stepping into a Vice-President's place if he is prevented. Chapter 2 Refugee Board competence § 9. Refugee Board may be submitted complaints about decisions by the Immigration Service has taken the following question referred. Aliens Act § 53 a: 1) The refusal of a permit to a foreign national who claims to be covered by the permit under section 7 or section 8 paragraph. 1 or 2, and in the return under the Act section 32 (a). 2) lapse under the Aliens Act, §§ 17 and 17a and involvement after the Act §§ 19 or 20 of a residence permit issued under section 7 or section 8 paragraph. 1 or 2, and in the return under the Act section 32 (a). 3) Refusal of Danish refugee travel document or the withdrawal of such travel documents. 4) Removal permit under section 32 (b) and section 49 (a). Paragraph. 2. the Refugee Board, upon request opinion permit under section 53 c, for use by the Court's decision on an application for residence or return of an alien permit under section 45dassetoutin paragraph. 1, no. 3-5. (A) request from the court dealt with under Chapter 4. Chapter 3 Refugee Board business Refugee Appeals Board § 10. The President represents Refugee Board. PCS. 2. The President shall write on the Refugee Board name, among other contributions two responses to questions from parliament, responses to inquiries from intergovernmental bodies, etc. and opinion to the Parliamentary Ombudsman. PCS. 3. The President or the person authorized by the chairman may reject a complaint which by its nature can not be adjudicated by the Board. § 11. The President shall organize the Secretariat's assistance Refugee Board work and determines the meeting day, see. Nearer §§ 21-27. § 12. Ad hoc appointments and substitution shall be determined by the chair person, see. § 8. Refugee Board Presidency section 13. The Presidency chooses Refugee Appeals Board, see. § 7. § 14. The Presidency appoints the Refugee Board members, see. § 5. § 15. The Presidency regularly discuss issues of importance to the work of the Refugee Board. § 16. The Presidency shall submit an annual report on Refugee Board business. The report is published. Refugee Board Coordinating section 17. The Coordination Committee discusses issues of common guidelines for Refugee Board work. The Committee shall consider issues of general importance to the work of the board, in particular the question of 1) possible criteria and facts that may be included in the individual Board decision of certain types of cases, including the question of obtaining general background information and questions for the suspension or imposition of other processing steps as a result, 2) respond two consultations on new legislation , 3) establishing guidelines for admission two practice law, 4) the need for follow-up on accounts of the processing times of the Board, 5) need to follow up on the National Policy statements of asylum seekers registered released or left Denmark, 6) follow-up of the Danish Immigration Service reports to the Board pursuant to the Aliens Act section 53b. 3 and 7) of the Danish Immigration notification to the police regarding nationalities, mostly communicated asylum. § 18. Meetings of the Coordination Committee successfully to appropriate intervals on his initiative or at the request of another member of the Coordination Committee. The Secretariat shall convene the meetings which the president authorization. The secretariat participates in the meetings. The Secretariat shall prepare (a) resolution minutes of the meetings that the participants ' approval will be submitted to the Refugee Appeals Board. § 19. The Coordination Committee's decisions are taken by majority. Refugee Board Secretariat § 20. The Ministry of Justice shall make secretarial assistance available to the Refugee Board. § 21. The Secretariat assists Refugee Appeals Board with the organisation of the Board work and the establishment of meeting days. § 22. When a decision is referred to the Refugee Board, shall ensure the Secretariat, the Immigration Service has late the file to the Board with full details of the decision under appeal, a brief statement of the facts relied on, and the evidence. § 23. The secretariat will review the cases and recommends to the Refugee Appeals Board, the cases shall be subject to oral or written treatment or treated by the President or a Vice-President alone. Chairman of the Board may authorize the secretariat two conduct the business ring of the cases. PCS. 2. The Secretariat fixes the number of cases for each board meeting, taking into account the proceedings rapid promotion, with the particular case and the proceedings proper treatment is temporally possible to treat. PCS. 3. The Secretariat shall convene the asylum seeker to the board meeting with usually 14 days notice by ordinary letter late to the applicant in the accommodation or residence, where the question as recorded in the accommodation system is accommodated or staying. Notice in exceptional circumstances, including if the applicant's residence is secretly done otherwise. PCS. 4. The secretariat dictates an interpreter Board meeting who can translation and two and from the applicant's mother tongue or, if that is not possible, a second language that they speak. The interpreter then sends an invoice for VAT registered interpreted him to be electronically to the Board. Time consumption and travel time and reimbursement of transportation expenses or car allowance approved by the Refugee Appeals Board so authorized. PCS. 5. Invoice for written translations, as the Board requests that are late as electronic invoice to the Board. Line Number approved by the Refugee Appeals Board so authorized. § 24. Proceedings concerning unaccompanied minor asylum seekers, asylum seekers by the Commissioner of Police is reported two immigration authorities as charged or convicted of crimes, as well as asylum seekers by the accommodation operators have been reported because of behavior that interferes asylum Center's order, particularly subject to expedited treatment. PCS. 2. the Refugee Board Chairman or the person authorized by the chairman may also decide that a case or group of cases will be subject to particularly expedited treatment. § 25. The Secretariat is responsible for the ongoing updating and supplementary Refugee Board background information on the general conditions in the countries from which Denmark, asylum seekers. section 26. The Secretariat regularly updates Refugee Board website www.fln.dk with, among other selected summaries of the Board decisions, the board background material and other information of importance to the work of the Refugee Board. § 27. The Secretariat assists the individual boards and the individual complaints board chairman with studies of legal issues, preparation of summaries practice, preparation of a draft decision, drafting of consultation papers and consultation letters etc. Legal assistance section 28. Upon receipt of the Immigration Service's decision the Secretariat informs the applicant that the matter is received, and the request within ten days two submit his thirst for admission two practice law. The Secretariat shall make the practicing. The Secretariat at the request of the applicant revoke the appointment of an attorney and appointment another lawyer. PCS. 2. the Refugee Board may refuse two appointment the lawyer, the applicant wishes appointed, if in the interest of the promotion can not be considered justifiable that the lawyer involved. The Board may revoke the appointment equivalent of a lawyer, depending on the promotion. The lawyer concerned is informed in advance of the proposed revocation and given the opportunity to maintain the qualification, if that helps prepare the case two. If the applicant wishes instead second counsel assigned, the Board shall appointment the person concerned, unless the assignment can be refused by the first section. section 29. The asylum applicant's lawyer should be in a written statement briefly explaining the circumstances are found to be essential to the Refugee Board consideration of the case. Crossing should also indicate the applicant's claim and pleas. PCS. 2. A written submission referred in paragraph two. 1 shall be submitted to the secretariat as soon as possible after the appointment has taken place and no later than seven days before the oral treatment to a board meeting. There may by honoring the assigned counsel work except (a) later emerged posts. PCS. 3. In cases of Immigration has been manifestly unfounded procedure, attempted to treat the conditional appointment of the lawyer appears with comments on the matter within a period of three weeks from the qualification. If the lawyer does not meet the deadline, the secretariat by the need to prepare the case, appointment another lawyer. section 30. Refugee Board pays the costs of interpretation to the Chambers during its preparatory meeting with the applicant. The lawyer indicates the interpreter's hour consumption and certifies interpreters annex. The interpreter sends an invoice for VAT registered interpreted him to be electronically to the Board. Time consumption and travel time and reimbursement of transportation expenses or car allowance approved by the Refugee Appeals Board so authorized. If the lawyer uses an interpreter from another region than that in which the interpretation is performed will be honored only travel time and transportation expenses or car allowance, if the lawyer has first obtained a permit from the Refugee Board Secretariat. section 31. The lawyer brings in connection with the Board meeting an interim fee request for preparation of the case so that the individual Board Chairman may approve hourly consumption for the preparation and time consumption for the board meeting, and certify the fee request. Can the individual Board president not to approve the lawyer's fees request concerning the preparation fully justified this to the prosecutor either orally in connection with the Board meeting or in writing by subsequent notice. A copy of the certified fee request with indication of the number of preparation hours, board meeting hours that can be approved, distributed or late to the lawyer for the purposes of his preparation of a single invoice late as an electronic invoice to the Board. The individual complaints board chairman or the chairman authorizes, approves the travel time and reimbursement for expenses or car allowance. Mention Treatment section 32. Refugee Board hearing of a case is oral, see. However, sections 44, 45, 46, 47 and 50 as well as the Aliens Act § 56 paragraph. 4 pcs. 2. The decision of whether a case should be subject to written or oral treatment, taken by the business ring of the cases referred. § 23. section 33. Refugee Board meetings are not public. PCS. 2. The President or a Vice President shall chair the meetings. § 34. At the oral hearing of cases have asylum seeker, his lawyer and a representative of the Danish Immigration opportunity two appear in the case. FURTHERMORE, the secretariat committed interpreter. PCS. 2. The Board shall decide whether outsiders, including support personnel or family members of the applicant under the tutelage of Immigration employees or others when quite special circumstances, can be present during the board meeting. Along with an unaccompanied minor asylum seeker always attend their representative or an observer from the Danish Red Cross. PCS. 3. Each Board president says at the beginning of the applicant that the information provided by the applicant comes with the board meeting and has put forward two and his lawyer, as a starting point will be kept confidential, but the information in exceptional situation will be disclosed the intelligence services or the prosecution, and that the information would form the basis of the prosecutor's decision whether two charge the alien with crimes committed in Denmark or abroad. PCS. 4. Each Board Chairman shall inform the attorney of record that the written material in the case, including any attorney observation and background material is the Board aware and that the Board oral examination of the case thus relate to the necessary elaboration or clarification of the facts. PCS. 5. The Board shall decide on examination of the applicant and any witnesses and procuring of other evidence. The chairman of each board may, in its management of the Board meeting, cut off questions and oral submissions from the applicant, his lawyer or the Immigration Service representative relating or referring two already known facts or circumstances irrelevant. section 35. If the asylum seeker announced that it does not wish two appear personally in the matter, the case on the evidence with his assigned counsel. § 36. In the absence of an asylum seeker to the Board meeting without lawful excuse, the case on the evidence with his assigned counsel. If the applicant is legally due, stay the proceedings. If a case has been dealt with in the Board without the applicant's involvement, and it turns out that the applicant subsequently excused resumes matter back to oral treatment. PCS. 2. To be submitted a medical certificate for their view demonstrate that the applicant's absence due to illness that prevents the applicant shall stay Board case. Submitted a medical certificate proving that absence due to illness that prevented the applicant from being present, after the matter has been dealt with in the Board without the applicant's involvement resumes matter back to oral treatment. section 37. Is it expected prior to the board meeting that an applicant will not appear in person in the board, it's planned meeting is held, if the applicant is duly summoned see. § 23 paragraph. 3, or are responsible for not being familiar with the call. PCS. 2. If the applicant is not called properly, see. § 23 paragraph. 3, and the applicant has not otherwise been made aware of the call, the omberammes case and the applicant shall be reconvened on. PCS. 3. Is the matter addressed in the Board, and subsequently to determine that the applicant is not responsible for the call has not come to the applicant's knowledge, resumes matter back to oral treatment. section 38. By written action cases take the individual boards to a meeting decision in the case on the basis of the written material, including the record of the asylum seeker, his lawyer and the Immigration Service. § 39. Under the Refugee Board hearing of a case can the individual complaints board chairman decide that can not be produced documents or other evidence that could be presented to the Immigration Service's handling of the case. § 40. Refugee Board decisions are taken by majority. The Board minutes are confidential. PCS. 2. Have a minority casting his vote for postponement of the decision but must, according to the majority rule decision of the asylum issue, the minority party in the decision. § 41. Immediately after voteringens than made note of the file on the outcome of their minutes. A member may require the memo added a short explanation of its position (dissent). The note late to the Refugee Appeals Board for information. The memorandum is confidential. § 42. A decision on residence as promptly as possible after voteringens end of the asylum seeker and his lawyer. If the decision can not be delivered in writing during the committee meeting, drawn up this as soon as possible afterwards. The decision signed by the chairman of each board or the chairman delegate. The decision is late to the Immigration Service so that the agency can determine the specific terms of the permit. PCS. 2. A decision confirming the Immigration Service's decision, taken after the oral treatment to a board meeting, must be made in writing by voteringens than, see. However paragraph. 3. The decision signed by the chairman of each board two which the decision served and issued to the applicant, two his lawyer and to the Danish Immigration Service representative. If the decision concerns an unaccompanied minor asylum seeker, the Chairman of each Board after discussion with their representative or an observer from the Danish Red Cross decide that service is effected by the President alone, in the presence of the unaccompanied minor asylum applicant, their representative or social representative, the person's lawyer and interpreter. If the applicant is not present, and the decision requires the applicant two leave the country, late the decision to the police two server the purpose of departure deadline and delivery of the decision. Imposes decision is not the applicant two leave the country, the ruling will be late directly to the applicant. PCS. 3. In cases where it appears inappropriate two establish the decision in writing immediately following voteringens than, and in cases where the matter is dealt with in writing, two issue a decision confirming the Immigration Service's decision as soon as possible and signed by the chairman of each board, Chairman or delegate. Decisions requires the applicant two leave the country, late two police for service of exit deadline and delivery of decision to the applicant, the Foreign Ministry and to the lawyer. Decisions which do not require the applicant two leave the country, late to the lawyer, the Immigration Service and the applicant. section 43. Postponed consideration of a case, take the Board decision at a meeting, possibly on a conference call or by written vote without holding a board meeting. PCS. 2. Should a case be decided by poll, give members other than the Board chairman and Deputy-vota the matter within one of the Secretariat specified period, normally not exceeding 14 days. If the time limit, bringing the Secretariat case in mind. There, after consulting with the member on the cause be reported on serious deadline over runs to the Board chairman. § 44. The President of the individual boards may determine cases where the conditions for being granted asylum must be evidently deemed to be satisfied. § 45. The President of the individual boards or the Refugee Appeals Board authorizes may decide that a case be referred back to the Immigration Service. Cases of Immigration has been treated in the manifestly unfounded procedure § 46. Cases in which the Immigration Service after submission to the Danish Refugee Council has not resolved permit under section 53b. 1, that the decision can not be appealed to the Refugee Board, considered by the chairman or a deputy chairman alone, unless there is reason two assume that the Board will amend the Immigration Service's decision. PCS. 2. The President or a Vice-President may refer the individual case two oral treatment to a board meeting of the Refugee Board, if there is concrete evidence two suggest that the Refugee Board consideration of the case will lead to a changed assessment of the Immigration Service's decision. PCS. 3. Cases which have been considered manifestly unfounded procedure must be tried subject to an accelerated treatment. This applies whether the specific case addressed by the President or a Vice-President alone, or treated to a board meeting. Resuming § 47. The chairman of each board shall decide on the issue of resumption of processing of a case if, following the content of the reinstatement application is no basis two assume that the Board will change its decision. The chairman of each board may also determine cases where the conditions for being granted asylum must be evidently deemed to be satisfied. Finally, the President of the individual boards decide two reopen a case and remit it to the Immigration Service. PCS. 2. In other cases the chairman of each board commissions that 1) the boards that have decided the case, will decide whether the case should be resumed to a meeting, possibly on a conference call, or by poll, 2) case resumed and treated to a board meeting of the boards that have decided the case, or 3) the proceedings resumed and treated to a board meeting of a new board. section 48. An application for reopening does not suspend regarding the time-unless the chairman of each board so decides. Is the alien's departure date has been exceeded, an application for reopening does not suspend enforcement, unless exceptional reasons. PCS. 2. In cases where the Chairman of the Board, has decided the matter can not be taken and where the interests of the National Police execution of a removal is a need for a special quick resolution of the case, the question of postponing the exit deadline or question resumption submitted a Vice-President or the Refugee Appeals Board. § 49. Under the Refugee Board processing of an application for review may each Board chairman decide that can not be produced documents or other evidence that could be presented during the Danish Immigration Service or the Board previous action of the case. Chapter 4 Cases considered by the courts permit under Chapter 7 (b) of section 50. Cases in which the Refugee Board shall give its opinion permit under section 53 c, for use by the Court's decision on an application for residence or return of an alien permit under section 45dassetoutin paragraph. 1, no. 3-5, is treated by a board composed as specified in section 2. Paragraph. 2. The paragraphs. 1 referred two cases treated at a board meeting on a written basis. § 51. The basis for the Refugee Board opinion, the Hearing theme, the court noted, and the material that the court has submitted to the Board. The Board does not have access to confidential material in the case. PCS. 2. the Refugee Board opinion will concern the general asylum law practice in relation to the country of the alien contemplated posted, relevant background and asylum legal relevance of the information. Refugee Board opinion expresses an overall assessment. PCS. 3. the Refugee Board Secretariat assists the individual boards two prepare the opinion. Chapter 5 Miscellaneous provisions § 52. The Order shall enter into force on 1 January 2013. Subsection. 2. the Refugee Board order No. 1089 of 25 November 2009 on the rules of procedure for the Refugee Board repealed. Refugee Board, 15 November 2012 BO Jespersen/Stig T Henriksen