SS-1317/2011-VLR
ECLI:DK:VLR:2022:SS0000001996
AI generated
Court dismisses appeal allowing detention pending deportation when deportation is not imminent.
Legislator summary
AI generatedThe court dismissed the appeal against the decision to release the defendant on bail pending deportation. The defendant argued that continued detention was necessary until the deportation order could be executed, but the court found no imminent threat to public safety or order. Consequently, the court ruled that the conditions for maintaining deprivation of liberty were not met.
Legislator headnote
AI generatedStraffeforskriften § 103; Straffeforskriften § 104: Detention pending deportation is only justified if there is a concrete and imminent risk of the individual absconding or if the deportation cannot be carried out without it.
Keywords
AI generated
deportation pending detention
public safety risk
imminent threat assessment
bail conditions Denmark
foreign national release
Cited Legislation
AI generatedStraffeforskriften § 103
Straffeforskriften § 104
Related Decisions
AI generatedSS-2844/2012-OLR
Court dismisses detention of an asylum seeker previously deported under immigration law section 25a. Detention under section 36 requires specific statutory grounds not met here.
SS-3267/2010-OLR
Court upholds detention until deportation without a set term when the deportation order is not yet final.
SS-2098/2008-OLR
Denmark's Supreme Court upholds a foreigner's detention based on credible intelligence of a planned assassination attempt.
SS-5057/2016-KBH
Court ruled detention of Romanian migrant lawful and continued under immigration law provisions.
SS-2286/2013-OLR
Detention of a Nigerian national pending deportation under the Aliens Act is upheld as lawful.
Full text
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