Flying over country from which you are deported
- By
- Aparna Patel
- |
- 23 Jul, 2023
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On a practical level, there is absolutely nothing stopping him from flying over, via or into Denmark. As you yourself state, there are no passport checks on leaving Sweden or entering Denmark from a Schengen country, nor will the airline check whether he’s entitled to be in Denmark. The only case where he would likely run into trouble is if he attempts to enter Schengen from the outside via Denmark, in which case his deportation order would almost certainly show up in the Schengen Information System if they look it up (and even that’s not a given, often EU passport holders are waved through).
On a legal level, he’s obviously not allowed to be in Denmark, even for a connecting flight. While this might technically extend to overflights, there’s near-zero chance that this would cause issues (and the reason it’s not zero is mostly if the flight is forced to divert to Denmark for some reason).
All that said, it will be quite easy for him to avoid Denmark entirely if he wishes to leave Sweden. Yes, Copenhagen is the largest hub for SAS, but there are plenty of alternatives, as there are direct flights from Stockholm-Arlanda alone to 219 destinations. In addition to direct flights, they can connect via Oslo to Norwegian long-haul flights, via London for British Airways, via Frankfurt for Lufthansa, via Amsterdam for KLM, via Dubai for Emirates, via Istanbul for Turkish, etc. Of these, only London and Amsterdam would likely overfly Denmark.
He will be allowed to overfly the country. Overflying is not considering entering the country for immigration purposes, and such arrangements are governed by international treaties. In particular for Community Carriers operating within the EU it is governed by Regulation EC 1008/2008 Chapter III Article 15
- Community air carriers shall be entitled to operate intra-Community air services.
- Member States shall not subject the operation of intra-Community air services by a Community air carrier to any permit or authorisation.
http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32008R1008
The Regulation does not spell out whether a country is permitted to deny an airline an overflight right merely on immigration grounds, but I suspect it would fall foul of those provisions.
It is not, I would say, objectively reasonable to deny overflight access to a person who merely passes over the territory and will be leaving it within a few minutes, with no opportunity to land and thereby breach the immigration rule.
(Some countries do require overflying carriers to supply the passenger manifest of every flight for their examination. Very occasionally the country in question has compelled a surprise diversion on the overflying carrier in order to effect the arrest of a person on board, who would not otherwise fall into their hands.
See e.g., http://news.blogs.cnn.com/2010/05/30/person-of-interest-arrested-on-diverted-plane/ )
Back to you question, whether the former deportee will be permitted to enter the international part of any airport within Denmark is a matter for Danish regulation. In general, a state has absolute right to deny entry (including before immigration formalities) to any person, except perhaps its own citizens, whether reasonable or not.
Even within the EU, there is only a presumption in favour of admission, it is not a case of absolute right. A deported criminal might be subject to administrative or judicial bar on re-entry, for example.
I am not aware of any definitive rule on the matter with respect to international transit.
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