Lawyers warn Danish Syria policy could set ‘dangerous precedent’ for refugees

LONDON: Lawyers taking the Danish government to the European Court of Human Rights (ECHR) over its efforts to deport Syrian refugees warn that the move will set a “dangerous precedent.”
Denmark recently began rejecting temporary residency status renewal applications from many Syrians in the country after it determined that security in parts of Syria had “improved significantly,” including the capital Damascus.
This comes despite the government in Copenhagen having no diplomatic ties to the regime of Syrian President Bashar Assad over ongoing human rights abuses, which would lead to many proposed deportees being left indefinitely in detention centers.
About 1,200 of the 35,000 Syrians living in Denmark are set to be affected by the change in policy, as the Scandinavian nation, previously considered one of the world’s most tolerant and open societies, feels the political impact of a rise in support for the far-right Danish People’s Party.
A similar policy in 2018 revoking the status of hundreds of Somalis in Denmark led to many leaving or disappearing altogether, with the Danish Refugee Council saying they had moved to other countries without official status.
Lawyers from London-based international human rights chambers Guernica 37 said in a note: “The situation in Denmark is deeply concerning. While the risk of direct conflict-related violence may have diminished in some parts of Syria, the risk of political violence remains as great as ever, and refugees returning from Europe are being targeted by regime security forces.
“If the Danish government’s efforts to forcibly return refugees to Syria is successful, it will set a dangerous precedent, which several other European states are likely to follow.”
Guernica 37 is part of a group including 150 Danish law firms pushing back against the new policy.
Carl Buckley, the lead barrister from the chambers, said: “The ECHR is a slow-moving system, but we would make an application asking the court to consider interim measures, which would involve ordering Denmark to stop revoking residencies until a substantive complaint has been considered and ruled upon.”
Jens Rye-Andersen, a Danish immigration lawyer, said that he believed public opinion was on the side of refugees and that he believed the government would change its stance before the case reached the ECHR.
“There have been a lot of changes in the asylum system in the last two years and clearly it’s not working very well. Experts who compiled the initial report the government used to show the security situation in Syria has improved are saying that their work has been misquoted. So I think the government doesn’t have a choice except to reconsider.”
As a result of the Syrian regime’s policy of conscripting young men to serve in its armed forces or punishing others for desertion, the majority of those set to lose their residency status are women or the elderly — with several refugees saying it could end up splitting families.
Ghalia, a 27 year old who arrived in 2015, had her residency permit revoked in March. She told The Guardian newspaper: “I feel nothing but fear about going into the immigration center by myself, but I can’t return to Syria … it is like they believe we have a choice but if I go back, I will be arrested.
“I have no control over my life and I feel like I haven’t done anything to deserve this.”
Faeza, a 25-year-old nurse who had her residency revoked in January, said: “I was interviewed for eight hours. I was asked over and over why hadn’t I returned to Syria? I said because it wasn’t safe.” The ruling was overturned in July, but she added: “I am now worried (in case it happens again). As Syrian refugees, we are subject to unjust decisions.”