Notice Of Rules Of Procedure For The Aliens Board

Original Language Title: Bekendtgørelse om forretningsorden for Udlændingenævnet

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Overview (table of contents)



Chapter 1



Aliens the Board's composition and organisation as well as the appointment of the members





Chapter 2



Aliens the Board's jurisdiction





Chapter 3



Aliens Board company





Chapter 4



Various provisions



The full text of the Ordinance on the rules of procedure for the Aliens Board

Under section 52 (a), paragraph 10, of the Aliens Act, see. lovbekendtgørelse nr. 1021 of 19. September 2014, fixed: Chapter 1



Aliens the Board's composition and organisation as well as the appointment of the members



Composition and organization







§ 1. Aliens Board consists of a President and Vice-Presidents and other members.

(2). The Chairman must be a judge or Supreme Court Justice, and the Vice-Presidents shall be judges. The other members must be lawyers or serve in the Ministry of Justice or the Ministry of employment.



§ 2. By Aliens with the Board's treatment of a complaint is helping the President or a Vice-President, a lawyer and a member serving in the Ministry of Justice, if the complaint falls under the Ministry of justice area, or a member who is serving in the Ministry of employment, if the complaint falls under the Employment Ministry's area, see. However, sections 13 and 40.



§ 3. The President and the Vice-Presidents shall constitute the Aliens Board's Presidency. The Presidency's tasks is clear from § § 14-17.



§ 4. Aliens Board Coordinating Committee be composed as stipulated in section 2 and consists, as far as possible, of the permanent members. The tasks of the Coordination Committee stated in section 18.



Appointment and termination of Office of a member of the Aliens Board







§ 5. Committee members are appointed by the aliens Aliens Board's Presidency. Judges appointed after the designation of the Chief Justice. Lawyers are appointed on the recommendation of the Bar Council. The members serving in the Ministry of Justice, appointed on the recommendation of the Minister of Justice, and the members serving in the Ministry of employment, are appointed on the recommendation of the Minister of employment.

(2). The qualification will be decided at a meeting of the Aliens Board's Presidency (of Presidents meeting) or by written submission to the individual members of the Presidency. The Committee secretariat prepares aliens for this purpose a list of designated and designate Committee members, which shall be presented to the Presidency. After the meeting of Presidents or the written submission, the Secretariat shall draw up a Protocol regarding the Presidency's approval, which set 1) which members who have been appointed, possibly by reference to the list of designated and designate Committee members attached to the appointment period, 2) and (3)) special conditions that have been discussed on beskikkelserne.

(3). The aliens Committee members appointed for a term of 4 years.

(4). A Committee member has a right to their appointments for a further period of 4 years. In addition, their appointments can not take place. Reappointed the Board's President, continues the Foreigners in question as President. Aliens the Board's secretariat shall consult prior to the expiry of the appointment Committee members, which can be reappointed if they want their appointments. By genbeskikkelser followed the procedure laid down in paragraph 2.



§ 6. A member may resign from the Aliens Board, when conditions for the Member's appointment is no longer met. The Office may also stop by that member resigns after his own desire. Exemption from the duties of a member of the Committee shall be communicated to the Chairman of foreigners. The Presidency shall be informed thereof at a meeting of Presidents.

(2). If a member of the Board for a period of time shall be communicated to the Aliens leave from the post, which was a prerequisite for qualification, shall notify the Aliens Board Chairman corresponding member leave from duties as a member of the Aliens Board during that period.



Election of the President







§ 7. The aliens Committee Presidency shall elect a Chairperson among the members, there are national judges or Supreme Court justices.

(2). Election of the Chair takes place at a meeting of Presidents. If more than one Member wishes to be elected President, the election takes place by secret ballot among the participating members. A member with decay, can vote by written proxy. Elections are decided by majority vote. After the meeting of Presidents shall draw up a Protocol concerning the Election Committee's secretariat of the Aliens, which set 1) the names of the members who have sought election as President, 2) the names of the members who have participated in the vote, and the names of the members who have submitted vote by written proxy, and 3) the name of the Member who is elected President.



Ad hoc appointment and substitution







§ 8. The Board's President can authorize foreigners one or, if necessary, several of the Vice-Presidents for fixed or ad hoc to take the President's place.

(2). The Chairman or the Chairman authorises it, can appoint an ad hoc member who has withdrawn from the Committee, to deliberate in a case over which it has previously participated in the treatment of.

(3). When a member is prevented from attending, the President or the Chairman shall authorise to do so, designate or appoint another ad hoc member who enters into the concerned Member place in the course of continued treatment (substitution). Substitution may not be used in cases that dealt with orally. Cases in which the legal certainty concerning grounds, be dealt with on a new Committee meeting.

(4). The President can also authorise one or, if necessary, several of the Vice-Presidents for fixed or ad hoc stepping in a Vice-Presidential spot, where the latter are prevented.



Chapter 2



Aliens the Board's jurisdiction



§ 9. For foreigners the Tribunal may be brought before the complaints against the following decisions, which the Danish Immigration Service has taken: 1) the rejection of an application for a residence permit in accordance with the Aliens Act §§ 9, 9 d and 9 f.

2) rejection of an application for a residence permit for Aliens Act section 9 c, paragraph 1, with the exception of refusal notified in accordance with the EU rules.

3) rejection of an application for extension of a residence permit issued in accordance with the Aliens Act, § 9, § 9, paragraph 1 (c), section 9 (d) and section 9 (f), see. Nr. 1 and 2, including decisions about legal maturity, without prejudice. Aliens Act 9, paragraph 30, and paragraph 9 (f), paragraph 5, and decisions on the inclusion of such residence permits referred to in article 6. Aliens Act section 11, paragraph 2, and section 19.

4) rejection of an application for permanent residence permission, see. Aliens Act section 11.

5) decisions on refusal of submission of applications for a residence permit for Aliens Act section 9, paragraph 21, § 9 c, paragraph 6, and paragraph 9 (f), paragraph 8 of the basic regulation. Nr. 1 and 2, as well as decisions on rejection of an application for a residence permit, in accordance with article 3. Aliens Act, section 47 (b).

6) decisions on expulsion for Aliens Act section 25, no. 2, and § § 25 a-25 c.

7) decisions on rejection after Aliens Act section 28.

8) Decisions fixing the age in connection with an application for a residence permit for Aliens Act section 9 or section 9 (c), paragraph 1, as a result of a family links to a living person.

9) Decisions about legal maturity, without prejudice. Aliens Act section 9, paragraph 32.

10) decisions on the lifting of the travel ban, see. Aliens Act section 32, paragraphs 7 and 9.

11) decisions concerning an alien's passport.

12) decisions on withdrawal of the residence permit and the right of residence on grounds relating to State security, public order or the security of other States, unless the alien has been granted a residence permit in accordance with the Aliens Act section 7 or section 8 (1) or (2) of the basic regulation. Aliens Act section 21 (b).

(2). For foreigners, the Committee may also be brought before the complaints against the following decisions taken by the Agency for labour market and Recruitment has taken: 1) the rejection of an application for a residence permit for Aliens Act section 9 a, § § 9 in-9 n, and § 9 p.

2) rejection of an application for extension of a residence permit issued in accordance with the Aliens Act section 9 a, § § 9 in-9 n, and § 9 p and decisions on the inclusion of such a residence permit, in accordance with article 3. Aliens Act § 19.

3) decisions on refusal of submission of applications for a residence permit and renewal of residence permits for foreigners article 9 a, paragraphs 4 to 6, § 9, paragraph 3-4, § 9 j, paragraphs 2-3, § 9 k, paragraph 2-3, section 9 l, paragraphs 2-3, § 9 m, paragraphs 2-3, § 9 n, paragraph 2-3, and section 9 p, paragraphs 2-3, as well as decisions on rejection of an application for a residence permit, in accordance with article 3. Aliens Act, section 47 (b).

4) decisions on expulsion for Aliens Act section 25 (b), paragraph 2, of the basic regulation. Aliens Act section 46 (2), 2. PT.

5) refusal of applications for certification in accordance with the Aliens Act section 9 a, paragraph 18.

6) rejection of an application for renewal of certification in accordance with the Aliens Act section 9 a, paragraph 20, of the basic regulation. section 9 a, paragraph 21, and decisions on the inclusion of such a certification, see. Aliens Act section 9 a, paragraph 21.

(3). Aliens Board can deal with complaints about the Immigration Agency's finding that a residence permit issued in accordance with the Aliens Act, § 9, § 9, paragraph 1 (c), section 9 (d) or paragraph 9 (f) has lapsed, without prejudice. Aliens Act section 17 that a residence permit issued in accordance with the Aliens Act section 9 or section 9 (c), paragraph 1, of the basic regulation. Aliens Act section 17 (a), has lapsed, and that a residence permit has lapsed after the Aliens Act section 18. The same applies to complaints about the rejection of an application for a residence permit should not be considered lapsed, without prejudice. Aliens Act section 17, paragraph 3, and section 17 (a), paragraph 2.
(4). The Board may also treat foreigners complaining about labour market and Recruitment Agency for finding that a residence permit issued in accordance with the Aliens Act section 9 a, § § 9 in-9 n, or § 9 p has lapsed, without prejudice. Aliens Act §§ 17 and 18. The same applies to complaints about the rejection of an application for a residence permit should not be considered lapsed, without prejudice. Aliens Act section 17, paragraph 3.

(5). The Committee may also examine complaints of aliens police decisions on rejection of the basic regulation. Aliens Act section 28, paragraphs 1 to 4.



Chapter 3



Aliens Board company



Aliens Board President







§ 10. The President represents the Aliens Board.

(2). The President shall sign on behalf of the Board, among other contributions to the Aliens ' replies to the questions from the Folketing, replies to requests from intergovernmental bodies, etc. as well as the opinions of stabiblity.



§ 11. The President shall organise the Committee's work, the Secretariat's assistance with Aliens and sets meeting dates below, see. detailed sections 22-26.



§ 12. Ad hoc: appointment and substitution is carried out after the President's detailed determination of the basic regulation. § 8.



§ 13. The Chairman or the Chairman authorises it, may on behalf of the Board 1) rejecting a complaint that is filed after the expiration of the appeal period, or decide to dispense with appeal deadline, see. § 27, 2) rejecting a complaint not covered by the competence of the Board, 3) Foreigners rule on suspensive effect with regard to udrejsefristen of the basic regulation. Aliens Act section 33 (3), (4)) dealing with a complaint that does not include questions of greater importance, principle 5) or refer a case to the Danish immigration service or agency for labour market and recruitment, and 6) refuse a request for resumption of a decision of the Aliens Board, when there is no reason to assume that the Board will change its decision.



Aliens Board's Presidency







§ 14. The Presidency chooses Aliens Board President, see. § 7.



§ 15. The Presidency will appoint Committee members, see Foreigners. § 5.



§ 16. The Presidency regularly discusses issues of importance to the work of the Aliens Board.



§ 17. The Presidency shall give an annual report on Aliens the Board's business. The report shall be made public.



Aliens Board Coordinating Committee







§ 18. The Coordination Committee shall discuss matters on common guidelines for the Aliens Board's future treatment of cases, including guidelines for whether a case contains questions of major or fundamental, see. § 13, nr. 4, as well as matters of general importance for the Committee's work, including in particular the question of 1) possible criteria and facts, which may be included in the individual Committee decision of certain types of cases, including questions about obtaining general background material and questions relating to the suspension or implementation of other processing step 2) as a consequence, the importance of new judgments and legislation in this area, 3) responding to consultations on new legislation and the need for follow-up on 4) inventories of processing times in the Committee.



§ 19. Meetings of the Coordination Committee shall be held at regular intervals at the Chairman's initiative or at the request of another Member of the Coordination Committee. The Secretariat shall convene the meetings after the President's authority. The Secretariat shall participate in the meetings. The Secretariat shall draw up a motion for a summary of the meetings, according to participants ' approval will be sent to foreigners the Committee members.



§ 20. Co-ordination Committee's decisions shall be taken by majority vote.



Aliens The Board's Secretariat







§ 21. The Ministry of Justice provides secretarial assistance available to Aliens Board.



§ 22. The Secretariat shall assist the President with the Organization of the Board the Board's Foreigners work and determination of meeting days.



§ 23. When a decision is referred to the Committee, the Secretariat shall ensure that Foreigners that the Danish immigration service or agency for labour market and Recruitment has forwarded the documents. The Secretariat also acknowledges receipt of the complaint and shall, whether or not the complaint is attributed to suspensory effect with regard to udrejsefristen.



§ 24. The Secretariat shall examine the cases and assesses whether to obtain an opinion from the Danish Immigration Service, Agency for labour market and Recruitment or other, and whether the complaint giving rise to the consultation of interested parties.

(2). The Secretariat sets the Board's President, about the cases of Foreigners shall be subject to written or oral treatment or treated by the President or one of the Vice-Presidents alone. The Board's President can authorise the Secretariat to conduct searches of cases.

(3). Secretariat fixes the number of cases for each Committee meeting, taking into account the proceedings as fast promotion, proceedings and the proceedings sound treatment is possible to treat.

(4). In cases that are subject to the oral treatment, shall be convened by the Secretariat to the Committee meeting with the applicant normally 14 days notice by ordinary mail. The same applies to other persons as the Board may decide to summon Aliens, without prejudice. section 31 (2) and (3). Request can in exceptional cases be done in any other way.

(5). The Secretariat may, in cases where it is needed, summoning an interpreter for the Committee meeting, who can interpret into and from the applicant's mother tongue or, if that is not possible, a second language which the applicant speaks. The interpreter sends a subsequent invoice for VAT registered must be interpreted by electronic means, to the Board. Time consumption and journey times, as well as remuneration for transport attachment or mileage allowance approved by the Board's President, foreigners shall authorise to do so.

(6). Invoice for written translations, which the Committee requests to be sent as electronic invoice to foreigners the Committee's secretariat. Line number of approved by the Board's President, foreigners shall authorise to do so.



§ 25. The Secretariat continuously update the Board's website www.udln.dk with Foreigners among other selected summaries of the Board's decisions, summaries of practices and other information relevant to the work of the Aliens Board.



section 26. The Secretariat assists the individual Board and each Committee Chairman with studies of legal issues, the preparation of inventories of practice, preparation of case summaries and draft, the preparation of the consultation themes and consultation letters, etc.



Complaint deadline







§ 27. Appeal against decisions can be challenged before the Aliens Board, must be submitted before 8 weeks after that party has been advised of the decision.

(2). Complaint period shall run from the day on which the decision is arrived at the party.

(3). Pursuant to section 13, no. 1, the President or the Chairman authorises it, decide to dispense with appeal deadline. In assessing whether there can be a derogation may deadline length, reason for time limit excess, meaning for the parties of the decision and the likelihood that Aliens Board gives allowable, conclude.



Appeal fee







section 28. For the submission of an appeal against a decision subject to the Aliens Act section 9 h, paragraph 5, 2. point, the complainant no later than simultaneously with the filing of the complaint, pay a fee of DKK 805 (2015-level), unless otherwise provided by the EU rules. The same applies for the submission of a request for resumption of an appeal covered by 1. paragraphs, see. Aliens Act section 9 h, paragraph 5, 3. the fee will be adjusted annually, clause without prejudice. Aliens Act section 9 h, paragraph 10.

(2). Fee in accordance with paragraph 1 1. paragraph shall be refunded, if the complainant gets partially or completely unsuccessful, and fee in accordance with paragraph 1, 2. paragraph shall be refunded if the request for the resumption is accepted without prejudice. Aliens Act section 9 h, 6 2. and (3). PT.

(3). Complaint or request for resumption shall be rejected if the condition set out in paragraph 1 are not fulfilled, see. Aliens Act section 9 h, paragraph 9.



Committee treatment







section 29. Aliens the Board's decisions shall be taken at the meetings of the Committee in writing the basis, see. However, sections 13, 31 and 40.

(2). Negotiations are conducted orally. The Chairman or one of the Vice-Presidents shall chair the meetings.



section 30. Immigration Committee meetings are not public.



section 31. The parties do not have access to the meetings, see. However, paragraph 2.

(2). Where specific reasons justify it, Aliens Board, however, provide that the applicant and the other parties (hereinafter referred to as "the parties") convened a Committee meeting. It is not possible to convene a party not staying legally in this country. Determining whether a case should be subject to oral treatment taken by visite ring of the cases referred to in article 6. Article 24, paragraph 2.

(3). The Committee may also decide to summon others to the oral treatment, provided that in exceptional cases it is estimated that this will make information, etc., which cannot be disposed of in writing the basis.

(4). A party called for oral treatment, do not have access to the admission of barristers.

(5). The Board shall make the determination of whether third party persons, including a support person or a family member of the applicant, when very specific reasons justify it, may be present during the oral treatment.

(6). The Committee President shall inform the individual the attending that the written material in the case, including any party posts, the Committee is aware, and that the Committee's oral proceedings will cover the necessary elaboration or clarification of the circumstances of the case.
(7). The Committee shall make provision for the hearing of the party and the other, see. paragraph 3, and on the provision of other evidence. The Chairman of each Committee may as part of its management of the Committee meeting cut off questions and oral submissions from the party or his party's representative, relating or referring to already known facts or conditions irrelevant for the case.



section 32. If a party fails to appear from an oral Committee meeting without legally decay, carried the matter on this basis. Have a party legally decay, exposed the case. Is a case been processed without the party's participation on the present basis, and it transpires subsequently that the majority had legally decay, resumed the case back to oral treatment.



section 33. Is the party not summoned due to an oral Committee meeting, see. Article 24, paragraph 4, and is the party not otherwise been made aware of the request, the omberammes case and the party convened again.

(2). The matter is dealt with in the Tribunal, and where it is established subsequently that the majority does not bear responsibility for the fact that the call has not come forward to the party, resumed the case back to oral treatment.



§ 34. By written processing of cases shall take the individual boards on a meeting's decision on the matter on the basis of the written material, including a possible opinion of the Danish immigration service or agency for labour market and recruitment, as well as submissions from the applicant and others.



section 35. Under the Immigration Board's treatment of a case can the individual Committee President may decide that not can be presented documents or other evidence that could be presented during the Immigration Agency's or agency for labour market and Recruitment proceedings.



§ 36. Aliens the Board's decisions shall be taken by majority vote. The Board's deliberations are confidential.

(2). Have a minority voteret for deferment of the decision, however, the determination of the majority decision in this matter, the minority participate in the decision.



section 37. Immediately after the end of the voteringens made note to the proceedings on the outcome of their deliberations. A dissenting member may claim the memo added a short rationale for its position. The note sent to the Aliens Committee members for information. The note is confidential.



section 38. A decision shall be notified to the party as soon as possible after the end of the voteringens, see. (3). The decision shall be signed by the Chairman of each Board or the Chairman authorizes to it.

(2). A copy of the decision shall be sent to the Danish immigration service or agency for labour market and Recruitment aimed at the authorities ' compliance with the Immigration Board's decisions, including the determination of the terms and conditions for a residence permit or assess whether the other conditions for the granting of a residence permit have been met. Decisions requiring the applicant to exit of the country, can be sent in a copy to the police with a request for the making of checks, if it is considered that an applicant will not comply with a defined exit deadline.

(3). A decision is taken on an oral Committee meeting, written after the end of voteringens, and then will be sent as soon as possible to the party or the party's representative.



§ 39. Postponed examination of a case, the Tribunal shall take its decision by a meeting, possibly a phone meeting or by written assessment without the holding of a Committee meeting.

(2). Should a case be decided by written assessment, the members other than the Board's President and Vice Presidents in the case within one of vota secretariat time limit, normally not exceeding 14 days. Exceeded the time limit, the matter bearing in mind the Secretariat brings. There may, after consulting the Member about the cause be reported serious deadline overruns to the Board's President.



§ 40. The Chairman of each Committee may decide that a case should be referred back to the Danish immigration service or agency for labour market and Recruitment.



Resumption







§ 41. By requests for resumption, which is not subject to section 13, no. 6, take the Chairman or the President authorizes it, provision should be made for the 1) the boards that have settled the matter, taking a position on whether the proceedings should be resumed at a meeting, a conference call, or by written assessment, 2) proceedings shall be resumed and treated at a Committee meeting of the boards that have settled the matter, or 3) the case will resume and treated at a Committee meeting of a new Committee.



§ 42. A request for resumption has no suspensory effect with regard to udrejsefristen, unless the Chairman or the Chairman authorises it, so decides. Is the alien's exit time limit exceeded, have a reinclusion request no suspensive effect, unless exceptional reasons justify it.



section 43. Under the Board's treatment of Aliens a reinclusion request can the individual Committee Chairwoman decide that there can not be presented documents or other evidence that could be presented during the Immigration Agency's, Agency for labour market and Recruitment or the Board's previous treatment of the case.



Chapter 4



Various provisions



§ 44. The notice shall enter into force on the 1. March 2015.

(2). Executive Order No. 571 of the 4. June 2014 on the rules of procedure of the Board are repealed. Aliens

Aliens Board, 26. February 2015 Michael Kistrup/Michael Lohmann K

Related Laws