Rejection of application for residence permit was lawful

Case no. BS-13536/2022-HJR
Judgment delivered on 13 December 2022

A
vs.
The Immigration Appeals Board

A, a US citizen, travelled to Denmark in 2015 and took up residence with one of her adult sons who is a Danish citizen. A’s health gradually deteriorated, and eventually she required round-the-clock care from her adult sons.

A applied for a residence permit in Denmark several times on different grounds. On 21 October 2019, the Immigration Appeals Board refused family reunification with the son she lived with. It was only this decision that was referred to the Supreme Court.

The Supreme Court stated that the Immigration Appeals Board had assessed, among other things, the relationship between A and her sons and given regard to her need for care and treatment. It therefore found no basis for setting aside the Board’s conclusions.

The Supreme Court also stated that there was no basis for holding that the decision was in contravention of Article 8 of the European Convention on Human Rights on the right to respect for family life. The Supreme Court gave importance to the information on the relationship between A and her sons, the deterioration of her health and her options for returning to the US to receive care there.

The Supreme Court thus affirmed the judgment of the High Court.

The Supreme Court noted that when enforcing the order imposed on A to leave Denmark, the Danish authorities must ensure that Denmark’s obligations under Article 3 of the European Convention on Human Rights and the European Court of Human Rights’ case-law are complied with.