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SS-18595/2011-KBH ECLI:DK:KBH:2023:SS0000000110 AI generated

Court dismissed appeal against fine for illegal residence exceeding 12 months without valid permit.

Case Number SS-18595/2011-KBH
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed
Open official source Machine-readable Markdown (.md)

Legislator summary

AI generated

The court dismissed the defendant's appeal against a fine imposed for violating the Aliens Act regarding unauthorized residence. The defendant argued that their stay exceeded 12 months without a permit, but the court found the administrative decision correct based on the specific circumstances of their entry and stay. Consequently, the appeal was rejected, upholding the original penalty for the alleged overstay.

Legislator headnote

AI generated

Aliens Act § 59, stk. 7, nr. 2; § 60, stk. 1, nr. 1: The court established that a fine is mandatory when an alien resides in Denmark for more than 12 months without a valid residence permit, and appeals against such fines are subject to strict scrutiny of the administrative record.

Keywords

AI generated
Aliens Act violation unauthorized residence residence permit requirement overstay penalty administrative appeal illegal stay duration fines for aliens

Cited Legislation

AI generated
Aliens Act § 59, stk. 7, nr. 2
Aliens Act § 60, stk. 1, nr. 1
AI generated
SS-6485/2015-ODE
Shipping company fined for employing foreign crew without work permits under Danish immigration law.
SS-3979/2011-OLR
Court upholds conviction for immigration law violation but exempts defendant from prison due to family circumstances.
SS-921/2025-OLR
Court upholds deportation for intentional entry violation despite claim of accidental travel to Sweden.
BS-584/2010-KBH
Immigration appeal dismissed for lack of special circumstances requiring suspensive effect under Udl.lov § 52.6.
SS-5057/2016-KBH
Court ruled detention of Romanian migrant lawful and continued under immigration law provisions.

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Full text

Tiltalte for overtrædelse af udlændingelovens § 59, stk. 7, nr. 2