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Notice Of Rules Of Procedure For The Aliens Board

Original Language Title: Bekendtgørelse om forretningsorden for Udlændingenævnet

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Table of Contents
Chapter 1 Composition and organisation of the enchanting network and the form of members of the members
Chapter 2 Skins of the Leaning
Chapter 3 The company of the Levels of Levels
Chapter 4 Various provisions

Completion of the Rules of Procedure of the Board of Examuting

In accordance with section 52 a (a), Ten, in the law of foreigners, cf. Law Order no. 1021 of 19. September 2014, set :

Chapter 1

Composition and organisation of the enchanting network and the form of members of the members

Composition and organization

§ 1. The Board of Appeal shall consist of a President and Vice-Presidents and other members.

Paragraph 2. The Chairman shall be the Supreme Court judge or the Supreme Court judge and the Vice-Presidents must be judges. The other members shall be a lawyer or serve in the Ministry of Justice or the Ministry of Employment.

§ 2. In the case of the proceedings of the Leaning of the Leaning of a complaint, the chairman or a Vice-President, a lawyer and a Member who are serving in the Ministry of Justice, if the complaint belongs to the Ministry of Justice or a member serving in The Ministry of Employment, whose appeal falls within the remit of the Ministry of Employment, cf. However, sections 13 and 40.

§ 3. The Chairperson and the Vice-Presidents are the Presidency of the Leaning of the Levels. The tasks of the Presidency are set out in section 14-17.

§ 4. The Committee ' s coordination committee shall be composed as referred to in section 2 and shall be as far as possible by fixed members. The tasks of the coordination committee shall be shown in section 18.

Determination and termination of the profession as a member of the Board of Exhibit

§ 5. The members of the Leaning of Levels shall be appointed by the Chain of Leaning of the Chain of Levels. The judges shall be appointed by the appointment of the Chief Justice. Lawyers are appointed for counsel from the Board of Counselor. The members who serve in the Ministry of Justice shall be appointed by the Minister for Justice, and those who serve in the Ministry of Employment, be appointed by the Minister for Employment.

Paragraph 2. The tenor shall be decided at a meeting of the Presidency of the Extensiding Chairperson (chairperson), or by written referral to the individual members of the Presidency. The secretariat of the Leaning Authority shall draw up a list of designated and nominated members of the Member State to be submitted to the Presidency. After the meeting or written presentation, the secretariat shall draw up a protocol concerning the approval of the Presidency in which it is stated,

1) which members have been discarded, where appropriate by reference to the list of designated and nominated members who are attached,

2) the time of the order of processing ; and

3) special circumstances which have been discussed in relation to the shicings.

Paragraph 3. The members of the drainage are be appointed for a period of four years.

Paragraph 4. A juror has the right to restock for a further four years. In addition, rebeckering cannot take place. The President of the Committee shall resume the Chairperson of the Chain of Lewner. The secretariat of the extension shall be preceded by the appointment of the appointment of the members of the Member States which may be rebeckled if they wish to be rebeckled. The procedure laid down in paragraph 1 shall be followed by rebeacing. 2.

§ 6. A member shall be appointed by the Extension Board when the conditions for the Member ' s occupation are no longer fulfilled. Furthermore, the Member may discontinue the member of his own request. The President-in-Office of the Exemption Board shall be communicated to the Chairperson. The Presidency is informed of this at a meeting of Presidents.

Paragraph 2. If a member of the Extenment Board shall be granted for a period of freedom from the position which was a precondition for the standing, the Chairman of the Leaning of the Enforment shall communicate the freedom of the Member from the contract as a member of the Extensiment Board in question ; the period concerned.

Election of the President

§ 7. The presidency of the Leaning Authority will elect a President among the Members who are the judges or the Supreme Court judges.

Paragraph 2. Election of the President is taking place at a meeting of the President. If more than one Member wishes to be elected President, the elections will be held by secret ballot among the participating members. A Member who has a fall may be able to vote in writing by written authorization. Election is determined by the ballot. After the meeting of the Conference of Presidents, the Secretariat of the Leaning of the Leaning of the Levels of the Committee shall be a protocol concerning

1) the names of the members who have requested the choice as President ;

2) the names of the members who have taken part in the vote and the names of the members who have given their votes by written authorization, and

3) the name of the member being chosen as chairman.

Ad hoc-shape and substitution

§ 8. The President of the Exhibit shall be capable of admixting one or, if necessary, by the Vice-Presidents in order to enter the office of the President.

Paragraph 2. The chairman or the chairman shall be authorized to do so, ad-hoc-pruning a member who has been appointed by the Board, to vote on a case which the person concerned previously took part in the treatment of.

Paragraph 3. When a member has decay, the chairman or the chairman may be authorised to do so, designate or ad hoc pruning another member to step in that member's place during the continued processing of the proceedings (substitution). Substitution cannot be used in cases treated orally. Where legal certainty is concerned, it is subject to a new appointment for the appointment of legal certainty.

Paragraph 4. The chairman may, by the way, possess one or, if necessary, a number of Vice-Presidents who are to be held in a permanent or ad hoc position, provided that this is prevented.

Chapter 2

Skins of the Leaning

§ 9. In the case of the Immigration Board, complaints may be made by the following decisions, which have been taken by the Immigration Agency :

1) Proposals for the residence permit for a non-resident section 9, 9 d and 9 f.

2) Section 9 (c) (c) (c) (c) (c) (c) of a residence permit shall be rejected. 1, with the exception of dissent granted under the EU rules.

3) Section 9 (c) (c) (c) (c) (c) (c) (c) (c) (c) (c) shall be rejected. 1, section 9 and section 9 f, cf. no. 1 and 2, including the case of legal decline, cf. The 9 (4) of the foreigners. -30, and section 9 f, paragraph 1. 5, and Decisions concerning the withdrawal of such residence permits, cf. The 11, paragraph 11 of the foreigners. 2, and section 19.

4) Suggings on applications for a temporary residence permit, cf. Alien overhead. 11.

5) Decisions on the refusal to grant applications for a residence permit in accordance with Article 9 (4) of the foreigners ' permit. Twenty-one, paragraph 9 (c) 6, and section 9 (f) (c). 8, cf. no. 1 and 2, as well as decisions on the rejection of an application for a residence permit, cf. Alien overhead. Section 47.

6) Decisions on expulsion from a foreigner's section 25, number 25, 2, and section 25 a-25 c.

7) Decisions on rejection beyond the section 28 of the foreigners.

8) Decisions laying down the age of an application for a residence permit in accordance with Article 9 or Section 9 (c) (c) of the foreigner shall be subject to the granting of residence. One, as a result of a family attachment to a resident.

9) Decisions concerning legal decline, cf. The Danish national of Foreign and Security Section 9 (1). 32.

10) Decisions on the lifting of a travel ban, cf. A foreigner's section 32, paragraph. Seven and nine.

11) Decisions on foreign passports.

12) Decisions on the withdrawal of residence permits and the right of residence of the security of the state, other States ' security or public order, unless the foreigner has been granted a residence permit in accordance with Article 7 or Article 8 (8). Paragraph 1 or paragraph 1. 2, cf. Alien over at $21 b.

Paragraph 2. In addition, the Committee on the Leaning of the Expansion Board may be subject to the following decisions which have been taken by the Management Board of the Working Market and Recruitment :

1) Proposals for the residence permit for a non-resident section 9 a, § § 9 i-9 n, and section 9 p.

2) Proposals for the renewal of a residence permit granted in accordance with section 9 a, section 9 i-9 n, section 9 p and Decisions concerning the withdrawal of such a residence permit, cf. Alien over at Section 19.

3) Decisions on the refusal to grant applications for a residence permit and the extension of residence permits in accordance with Article 9 (a) (a) of the foregoing. 4-6, section 9 of paragraph 9. 3-4, section 9, paragraph. 2-3, section 9, k. Two-three, paragraph 9, paragraph 9. 2-3, section 9 m, paragraph 9. 2-3, section 9 n, paragraph. 2-3, and section 9 p, paragraph. 2-3, as well as decisions on the rejection of an application for a residence permit, cf. Alien overhead. Section 47.

4) Decisions on expulsion on the part of a foreigner's section 25 b (b). 2, cf. A foreigner's section 46, paragraph 6. TWO, TWO. Act.

5) Section 9 (a) (a) (a) of certificate applications for certification shall be rejected. 18.

6) Proposals for the extension of certification for certification beyond the 9 (3) (a) of the foreigners. 20, cf. § 9 (a) (a) 21, and decisions on the involvement of such certification, cf. A foreigner's section 9 a, paragraph. 21.

Paragraph 3. The Board of Appeal shall be able to deal with complaints against the Board of Appeal ' s statement that a residence permit was issued after a foreigner's section 9, section 9 (c) (c). 1, section d or section 9 f has been dropped, cf. foreigners under paragraph 17 that a residence permit granted under the 9 or 9 c (9) (c) of the foreignment shall be granted. 1, cf. The expo of foreigners in section 17 a has been dropped and a residence permit has been suspended from the section 18 of the foreigners ' section of the country. The same applies to complaints lodged against applications that a residence permit should not be regarded as the loss, cf. The Danish national of Foreign and Security Section 17 (1). 3, and section 17 (a) (a), 2.

Paragraph 4. The Board of Appeal may also address complaints to the Labor Market and Recruitment statement that a residence permit granted under the section 9 a, section 9 i 9 n, or section 9 p has been dropped, cf. Immigration. Clause 17 and 18. The same applies to complaints lodged against applications that a residence permit should not be regarded as the loss, cf. The Danish national of Foreign and Security Section 17 (1). 3.

Paragraph 5. Furthermore, the Board of Appeal may be subject to complaints against the rulings by the police on rejection, cf. A foreigner's section 28, paragraph 28. 1-4.

Chapter 3

The company of the Levels of Levels

The President of the Levels of Levels

§ 10. The President represents the Board of Appeal.

Paragraph 2. The Chairman shall sign on behalf of the Committee on behalf of the Committee on behalf of the Committee on behalf of the Committee on Issues of Public Affairs, in response to requests from inter-state bodies, etc. as well as statements to the Ombudsman's Ombudsman.

§ 11. The chairman shall arrange the work of the secretariat of the Committee on Petitions and shall determine the meeting days, in accordance with the terms of the meeting. More like section 22-26.

§ 12. Ad-hoc and substitution shall be carried out according to the President's detailed rule, cf. § 8.

§ 13. The chairman or the chairman shall be authorised to do so on behalf of the Board ;

1) reject a complaint filed after the expiry of the time limit, or decide to dispense from the period of appeal, cf. § 27,

2) reject a complaint not covered by the exclusive competence of the Exhibit.

3) decide on the termination of the expiry date, in accordance with the date of departure, cf. The section 33 (4) of the foreigners. 3,

4) examine a complaint which does not contain any questions of greater or fundamental importance ;

5) home a case to the Board of Appeal or the Labor Market and Recruitment Management Board ; and

6) to refuse a request to resume a decision taken by the Board of Appeal, when there is no reason to assume that the Board will amend its decision.

The Chain of Leaning

§ 14. The Presidency shall elect the Chairman of the Leaning of the Committee, cf. § 7.

§ 15. The Presidency shall roam the members of the Leaning of the Leaning of the Committee, cf. § 5.

§ 16. The Presidency discusses ongoing issues of importance for the work of the Board of Applobe Board.

§ 17. The Presidency shall deliver an annual report on the Company of the Leaning of the Leaning Authority. The report shall be published.

The Board of Committees of the Board of Coordination

§ 18. The Coordinating Committee shall discuss general guidelines for the future processing of the Committee on the future of cases, including the guidelines for whether a case type contains questions of greater or fundamental importance, cf. § 13, nr. 4, as well as matters of general concern for the work of the jury, and in particular those relating to :

1) possible criteria and actual circumstances which may form part of the determination of specific types of cases, including questions relating to the submission of general background material and questions of postponement or initiation of other proceedings ; as a result of this,

2) the significance of new judgments and legislation in the area ;

3) the response to the consultations on new legislation ; and

4) need for follow-up on statements of case processing times in the Board.

§ 19. Meetings of the Coordinating Committee shall be held at appropriate intervals at the President's initiative or at the request of another member of the Coordinating Committee. The secretariat shall convene the meetings of the President-in-Office. The secretariat shall attend the meetings. The secretariat shall draw up a decision minutes from the meetings, which shall be sent after the approval of the members of the Member States of the Leaning of the Leaning of the Committee.

20. Decisions of the Coordination Committee shall be taken by the ballot.

The secretariat of the Leaning of the Levels of the Levels

§ 21. The Ministry of Justice shall provide secretarial assistance to the Extentional Board.

§ 22. The secretariat shall assist the Chairing of the Leaning of the Board of Appeal with the design of the work and the establishment of part-sessions.

-23. When a decision has been taken for the Immigration Service, the Secretariat shall ensure that the Board of Appeal or the Working Market and Recruitment Management Board have forwarded the files of the case. The secretariat shall also acknowledge receipt of the complaint and shall inform whether the appeal has been attributed to the discharge in respect of the expiry date.

§ 24. The secretariat examines the cases and assesses whether an opinion is to be obtained from the Board of Appeal Management, the Management Board and Recruitment, or others, and the complaint gives rise to partshings.

Paragraph 2. The Secretariat of the Chain-Office shall be subject to oral or written treatment or to be treated by the Chairman or one of the Vice-Presidents alone. The Chairman of the Committee may be able to provide the secretariat for the inquisition of the cases.

Paragraph 3. The secretariat shall be affected by the number of cases for the individual reference meeting which, taking into account the speed of the sayers, the nature of the parties concerned and the sound treatment of the sageons and the suitably treated treatment of the sayers shall be subject to the time-available treatment.

Paragraph 4. In cases subject to oral proceedings, the secretariat shall refer to the applicant for the appointment of normally 14 days ' notice by ordinary letter, as are other persons who may decide to convene, cf. Section 31 (1). Two and three. Invocation may be otherwise in a different way.

Paragraph 5. In the case where there is a need for this, add an interpreter to the appointment of the applicant and from the applicant ' s mother tongue or, where it is not possible, another language to which the applicant speaks. The interpreter subsequently sends an invoice, which for VAT recorded interpreters, must be electronically, for the Board of Invents. The time spent and the time of transport and the reimbursement of the transport equipment or the travel allowance shall be approved by the President of the Committee on Exhibit.

Paragraph 6. Invoice for written translations requested by the Board shall be sent as electronic invoice to the secretariat of the Leaning of the Levels of the Committee. The line number is approved by the President of the Leaning Authority.

§ 25. The secretariat shall update the Home of the Exhibit website www.udln.dk with among other selected summaries of the decisions of the jury, views of practices and other information that is relevant to the work of the Board of Appeal.

SECTION 26. The secretariat shall assist each individual name and the President of the jury with investigations into legal issues, compilation of summaries of practices, compilation of case summary and decision-making, drawing up the consultation issues and auditing letters ; etc.

Time limit

§ 27. Complaints of decisions which may be submitted for the Extenment Board shall be filed within eight weeks after the party has been notified of the decision.

Paragraph 2. The time limit shall be the date on which the decision has been made to the party.

Paragraph 3. After $13, no. 1, the chairman or the chairman shall, the chairman, may decide to dispense with the draft deadline. In the assessment of whether a derogation may be granted, the length of the tolerance may be exceeded, the reason for the exemption, the importance of the decision to the parties concerned, and the likelihood of the Extraction Board giving the complainant a part of the appeal.

Fee Fee

§ 28. For the submission of a complaint against a decision covered by the section 9 h (s) of the foreigners. FIVE, TWO. pkt. shall, at the same time, the complainant shall pay a fee of $805 DKK at the latest. (2015 -level), unless the rules are followed by EU rules. The same applies to the submission of a request for the resumption of a complaint matter covered by 1. pkt., cf. A foreign policy section 9 h, paragraph. FIVE, THREE. Act. The amount of the fees shall be adjusted annually, cf. A foreign policy section 9 h, paragraph. 10.

Paragraph 2. Fees in accordance with paragraph 1 ONE, ONE. pkt., shall be repaid if the complainant is in full or partial co-hold and fee pursuant to paragraph 1. ONE, TWO. pkt., repaid if the request for resumption is granted, cf. A foreign policy section 9 h, paragraph. SIX, TWO. and 3. Act.

Paragraph 3. The appeal or retrial request shall be rejected if the condition laid down in paragraph 1 is rejected. 1 have not been met, cf. A foreign policy section 9 h, paragraph. 9.

Mention

§ 29. The decisions of the court shall be taken at meetings of the Board on a written basis, cf. However, sections 13, 31 and 40.

Paragraph 2. The negotiations are orally. The President or one of the Vice-Presidents will run the meetings.

-$30. The meetings of the drainal era are not public.

§ 31. The case parties do not have access to the meetings, cf. however, paragraph 1 2.

Paragraph 2. However, for special reasons, the Board of Appeal may, however, decide that the applicant and other parties (hereinafter ' party `) are convened to a jury meeting. It is not possible to call on a party that is not legally resident in this country. The decision on whether a case should be submitted to oral proceedings shall be taken by the examination of the cases, cf. section 24 (2). 2.

Paragraph 3. The Member may also decide to convene others for oral treatment, provided that, in exceptional cases, it is estimated that information may be obtained, etc., which cannot be obtained on a written basis.

Paragraph 4. A party that is called for oral treatment does not have access to legal representation.

Paragraph 5. The Member shall take a provision as to whether outside understanding persons, including a support person or a member of a family member to the applicant, where, for special reasons, reasons may be present during the oral proceedings.

Paragraph 6. The President-in-Office of the Board shall inform you of the knowledge that the written matter in the case, including any possible part of the proceedings, has been discernished and that the oral examination of the matter will therefore affect the necessary clarification or clarification of the proceedings ; the circumstances.

Paragraph 7. The Board shall take a decision on the interrogation of the party and others, cf. paragraph 3, and the provision of other evidence. The President of the Board may, in the course of its management of the appointment, cut any questions and oral statements from the party or his party representative, which refer to or refer to already known circumstances or circumstances without any interest in the case.

§ 32. A Party from an oral appointment without a legal decline shall be carried out on the basis of the present basis. If a party has a legal decline, the case will be postponed. If a matter has been dealt with without the participation of the party on the basis of the party, and if it subsequently proves that the party had a legal decline, the matter will be resumed again.

§ 33. In the case of the party, the party has not been duly subvered into an oral appointment. section 24 (2). Four, and the party has not, in any other way, been made aware of the invocation, the case is being recast, and the party is being called again.

Paragraph 2. If the matter has been dealt with in the name of the Board and then it is found that the party is not responsible for the fact that the invocation did not arrive at the party, the matter is resumed again for oral treatment.

§ 34. In the case of a written examination of cases, a decision shall be made on the matter on the basis of the written material, including any opinion of the Board of Appeal or the Management Board or the Management Board, as well as contributions from the Member States ; the applicant and others.

$35. In the case of the Expansion of a case, the chairman of the Committee may decide that no documents or other evidence which may have been presented under the Management Board or the Management Board for the Working Market and Recruitment may not be submitted. Treatment of the case.

§ 36. The decisions of the drainal domain shall be taken by the ballot. The jury's voter is confidential.

Paragraph 2. If a minority has voted in favour of postponement of the decision by the majority, however, according to the decision of the majority decision, the minority shall participate in the decision.

§ 37. Immediately after the outcome of the action, the case shall be made to the case of the result of the vote. A dissentient Member may ask for a brief explanation of its position. The note is sent to the Member States of the Leaning of the Levels for Orientation. The note is confidential.

§ 38. A decision shall be notified to the party as soon as possible after the end of the vote, cf. paragraph The decision shall be signed by the President of the individual board or the chairman ' s authorization.

Paragraph 2. A copy of the decision shall be sent to the Board of Directors or the Management Board or the Management Board for the Authority ' s compliance with the decisions of the Exhibit Board, including the setting of the conditions for a residence permit or assess whether the other conditions for the granting of a residence permit are fulfilled. Decisions requiring the applicant to leave the country may be sent in a copy to the police at the request for verification of travel checks, provided that it is estimated that an applicant will not comply with a fixed date of departure.

Paragraph 3. A decision taken at an oral appointment shall be written after the end of the year and shall then be sent to the party as soon as possible to the party or the party representative.

§ 39. Where a case is taken, the Board shall take a decision at a meeting, possibly a conference call, or by written voting without the appointment of a conference.

Paragraph 2. If a matter is to be settled by written voting, other members shall be issued by other members than the Chairman and Vice-Presidents of the Board shall, within the time limit set by one of the Secretariat, usually do not exceed 14 days. If the deadline is over, the secretariat will bring this matter to a recolent. After consulting the Member on the cause of serious exemption, there may be a serious exemption from the point of view of the chairman of the jury.

§ 40. The President of the individual mention may decide that a case should be returned to the Board of Appeal or the Labor Market and Recruitment Board.

Recording

§ 41. For requests for resumption which are not covered by section 13, no. 6, the chairman or the chairman shall, as the President, authorize this, shall decide that :

1) the name of the matter which has been settled shall decide whether or not to resume the case at a meeting, possibly a conference call, or by written voting ;

2) the matter shall be resumed and shall be treated on a jury meeting of the furnace which has settled the case, or

3) The matter shall be resumed and shall be treated on a jury meeting of a new fistname.

§ 42. A request for recovery shall not take effect in respect of the time out, unless the chairman or the chairman is authorised to do so, shall take a decision on this subject. If the expiry date of the foreigners has been exceeded, a request for recovery will not be inexcucuous unless there is a reason for specific reasons.

§ 43. The President of the Exhibit Board may decide whether to submit documents or other evidence, which may have been presented in the Committee on the Chairperson of the labour market and in the Committee on Insiding and the Council, on the treatment of the Member States, Recruiting or jurors prior to handling the case.

Chapter 4

Various provisions

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

Paragraph 2. Publication no. 571 of 4. June 2014 on the Rules of Procedure of the Exament Board shall be repealed.

The Board of Appeals, the 26th. February 2015

Michael Kistrup

/ Michael Lohmann Kjargaard