UNHCR Observations on the Proposal for amendments to the Aliens Act, the Return Act, the Execution of Sentences Act, the Penal Code and the Repatriation Act [Forslag til lov om ændring af udlændingeloven, hjemrejseloven, straffuldbyrdelsesloven, straffeloven og repatrieringsloven (Skærpelse af regler om udvisning, indførelse af elektronisk kontrol (GPS-fodlænke) og styrkelse af repatrieringsordningen og hjemrejsestøtten)]

28.
UNHCR recognizes the legitimate objective of strengthening public safety and ensuring that foreign nationals who pose a serious danger to society can be removed in accordance with the law. The 1951 Convention provides a clear and structured framework that enables States to address serious criminality while safeguarding fundamental protection principles. This framework does not prevent removal. Instead, it ensures that removal is necessary and proportionate, and focuses on individuals who pose a present and ongoing threat. Maintaining individualised and forward-looking assessments is essential to ensuring both compliance with international obligations and the credibility and effectiveness of expulsion systems. In all cases, Denmark’s international obligations under the broader framework of international human rights law apply.

29.
UNHCR therefore encourages that Denmark’s interpretation and application of the expulsion framework remain fully compatible with its obligations under the 1951 Convention. This includes preserving the restrictive nature of the grounds for the expulsion of refugees under Article 32 of the 1951 Convention and the exceptions to non-refoulement in Article 33(2), and safeguarding individualised assessments of all relevant factors and circumstances. In addition, the domestic legal framework and practice should align with the applicable international and regional human rights law.

30.
Specifically with regard to the proposed amendments to the rules governing expulsion, UNHCR notes that § 26 (2) of the Aliens Act already provides for a bar to expulsion if this would conflict with Denmark’s international obligations. In this regard, UNHCR recommends that the proposed provision explicitly reflect, in the text of the law, that where the expulsion of a refugee is considered, the assessment must include an individualised and forward-looking determination of whether the person’s continued presence poses a threat to national security or public order as required under Article 32 of the 1951 Convention, and to ensure that the person’s removal is consistent with the principle of non-refoulement under international refugee and human rights law

31.
UNHCR stands ready to discuss these recommendations in greater detail with the Danish authorities and provide additional support.