EDAL case summaries
Country of Decision: Finland
Country of Applicant: Bulgaria, Iraq
Keywords: Family unity (right to), Responsibility for examining application, Return
According to section 51 of the Aliens Act, third-country nationals residing in Finland are issued with a temporary residence permit if they cannot be returned to their home country or country of permanent residence for temporary reasons of health or if they cannot be removed from the country.
This case concerned whether it was necessary that there was an enforceable decision to remove the person when the Immigration Service examined the requirements for a residence permit under section 51. The Court considered whether the Immigration Service should examine if there are in reality...
Date: 22-11-2013
Country of Decision: Finland
Country of Applicant: Iraq
Keywords: Inhuman or degrading treatment or punishment, Responsibility for examining application
The Helsinki Supreme Administrative Court decided that Finland cannot return an Iraqi asylum seeker to Sweden, where he/she faces the risk of being sent back to Baghdad and may be subjected to violations of his/her human rights. The Supreme Administrative Courtdecided that the ruling of the Finnish Immigration Service had to be reversed and the application for asylum had to be substantively examined in Finland.
Date: 21-09-2012
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