Ruling by High Court on case regarding discrimination on grounds of disability and spousal reunification

The Eastern High Court on 22 December 2015 made a ruling in a case where we were assisting a client with a disability and his spouse, who had been denied spousal reunification as a result of their non-ability to meet the so-called self-support requirement.

The Court today ruled in our clients' favour.

We claimed that our clients were entitled to dispensation from the self-support requirement as a result of the husband's disability, and argued that if they did not get dispensation, they were to be considered discriminated against on the basis of the husband's disability. This is in our view constituted a violation of Denmark´s international obligations under the UN Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights.

The case was of general public interest because Danish courts have not ruled on this particular issue before, and the ruling will in our view have impact on the immigration authorities' practise when applying the self-support requirement in other cases involving a spouse with a disability.

The Immigration Appeals Board has appealed the judgment to the Danish Supreme Court.

Read more about the case in Politiken and TV2 Lorry.

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If you suffer from a disability or severe illness and have been denied spousal reunification, feel free to contact attorney at law Eddie Omar Rosenberg Khawaja if you want to discuss how the judgement could affect your case.