Finland - Helsinki Administrative Court, 20 Dec 2010, 10/1701/1

Country of Decision:
Country of Applicant:
Date of Decision:
20-12-2010
Citation:
10/1701/1
Court Name:
Helsinki Administrative Court
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Headnote: 

Based on new evidence (suspicion of trafficking) the Administrative Court returned the applicant’s case to the Immigration Service which had previously decided that Italy was responsible for the application according to the Dublin II Regulation.

Facts: 

The Finnish Immigration Service rejected the applicant’s residence permit application and did not examine the application for international protection. The Immigration Service decided to return the applicant to Italy, the country responsible for investigating the applicant’s asylum application on the basis of the Dublin II Regulation. The applicant had left her country of origin with a human trafficker who promised her a job in Europe. While in Italy, the applicant was forced into prostitution, and was victim of trafficking for the purposes of forced prostitution for six years. In 2009 the applicant was forced to travel to Finland, where the forced prostitution/sexual exploitation continued. In Finland, the applicant was accepted into the assistance system for victims of trafficking. The Finnish Immigration Service held that the allegations of trafficking would be investigated most effectively in Italy. The case was under police investigation in Finland.

Decision & Reasoning: 

The Administrative Court reversed the Immigration Service’s decision to return the applicant to Italy, and returned the case to the Immigration Service based on new evidence (suspicion of trafficking).

Outcome: 

The case is still pending before the Immigration Service.