Punishment and expulsion for violation of residence, ...

Case no. 36/2020
Judgment delivered on 1 April 2022

The Prosecution Service
vs.
T

T had numerous convictions and had previously been expelled from Denmark due to his criminal activities several times; however, it was not possible to expel him by force. He therefore had exceptional leave to remain in Denmark at Departure Centre Kærshovedgård.

T had violated his residence, notification and reporting duties at the departure centre several times, and on one occasion, his behaviour towards the staff had made it impossible for them to perform their duties running the departure centre and keeping order.

He was therefore sentenced to imprisonment for 60 days. The Supreme Court gave importance to, among other things, the guidelines set out in the travaux préparatoires for the legal provisions on the residence, notification and reporting duties.

As it was certain that expulsion of T was not in contravention of Denmark’s international obligations, including Article 8 of the European Convention on Human Rights, T was also expelled with a six-year entry ban.

In this regard, the Supreme Court considered the crime committed by T in Denmark, the facts that T did not reside here legally at the time of the crimes as he had been expelled, and that T must be assumed to have some knowledge of Somali and Somali custom as he had lived in Somalia during an extended period of his childhood.

The High Court had reached the same conclusion.