However, when changing the rules, it is important to maintain that Denmark – as is the case now - is to comply with both the UN Refugee Convention and the European Convention on Human Rights. This means, inter alia, that it may not be possible to send back refugees after the conflict in their home country has ended. Firstly, the UN Refugee Convention requires that the conditions that resulted in giving asylum can be said to have ceased. Secondly, if refugees have build up a strong personal attachment to Denmark during their stay here, sending them back to their home country could well be in violation of their right to a private and family life under Article 8 of the European Convention on Human Rights. Accordingly, each case must be assessed individually, first by the Danish Immigration Service, then by the Danish Refugee Board if necessary, before a refugee´s residence permit is withdrawn in order to send that person back to the home country.
The proposal of the Danish government and the issues involved is described in the following article brought in the Danish news media Berlingske Tidende on 19th September 2014: