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Updated situational reviews of Afghanistan, Iraq and Somalia

Migri
Publication date 12.6.2017 10.28
Press release

The Finnish Immigration Service has updated its situational reviews of the security situation in Afghanistan, Iraq and Somalia.

The situation in all three states continues to be unstable and has worsened in certain areas. For example, the level of violence in Afghanistan has risen to an extremely high level in even more areas than before. This has been noted in the updated reviews. Simply stating that they are originally from a certain area in any of these three countries will not automatically grant asylum seekers the right to international protection.

Although the reports are updated every six months, decisions are always made based on the latest country information. It is clear that the security situation in all of these countries can vary extremely quickly and therefore the strict instruction for decision-makers is to check the latest country information when making a decision. If the situation in the countries of origin changes, decision-making practices are altered as necessary in-between reports.

Asylum seekers from all countries are always granted international protection if they are at risk of personal persecution or serious harm in their home country.

Return is still possible to Kabul, Afghanistan

The security situation in Afghanistan remains unstable and unpredictable. The conflict has spread to an even more extensive area, but the majority of the fighting is still in the southern and eastern parts of the country.

In early 2017, there was a slight year-on-year decline in civilian casualties, but an exceptionally destructive bomb attack in Kabul on 31 May 2017 increased the numbers of fatalities and wounded. The number of people who have been forced to flee conflict internally has been clearly lower than in 2016.

The threat of arbitrary violence is extremely high in certain areas of the country, and no one will be returned to those areas. These areas are:

  • Helmand Province
  • the Tirin Kot and Dehrawud districts in Urozgan
  • southern districts of Nangarhar: Achin, Kot, Deh Bala/Haska Mina, Nazyan, Chaparhar, Bati Kot and Pachir wa Agam.

The possibility of internal flight is always determined for all asylum seekers, that is, whether it would be possible for them to relocate to another area in their home country, such as the capital city, Kabul. This is why those originating from the above-mentioned areas are not automatically granted international protection.

However, internal flight is not required of unaccompanied minors that have come to Finland.

Afghanistan’s capital city, Kabul, has about five million inhabitants and is one of the fastest growing capital cities in the world. During the first three months of 2017, high-profile suicide attacks and other attacks caused the most civilian casualties of all areas in Afghanistan. The most destructive bomb strike to date was carried out in Kabul on 31 May 2017, leading to 150 fatalities and 350 wounded. If you examine the ratio of civilian casualties to the population, the violence caused by armed conflict can still be considered occasional.

In its ruling of 5 May, the Supreme Administrative Court confirmed that the prevailing conditions in Kabul do not constitute a general obstacle to internal flight. This also applies to families with children. Asylum seekers’ personal circumstances are always considered during decision-making.

Somalia is currently suffering a drought: protection to be granted on individual grounds

Somalia has suffered a serious drought and humanitarian crisis this year. Millions of people need help, but famine has so far been avoided thanks to relief action.

Humanitarian protection was removed from the Aliens Act in May 2016, which means that a residence permit can no longer be granted on the basis of environmental catastrophe alone.

However, subsidiary protection could be relevant if, for example, the person comes from an area in which militant groups prevent the receipt of aid. In addition to militant groups (such as al-Shabaab), some government organisations are currently hindering or preventing the receipt of aid.

Every asylum seeker’s situation is individually considered and an assessment of whether they can relocate to another area within their home country is also made.

However, internal flight is not required of unaccompanied minors, lone women without a safety network, and families without a provider fit for work.

The situation in the capital Mogadishu continues to be unstable and there are also attacks with civilian casualties. However, the situation is not such that anyone originating from there has grounds for asylum or subsidiary protection solely on the basis of their place of origin. The same was found in a ruling by the Supreme Administrative Court in April.

No one is returned to active front lines in Iraq

The security situation in Iraq varies throughout the country. The most problematic area is still Mosul, which the Iraq government is attempting to take from ISIS control. The battle is ongoing and ISIS still controls districts in the northeast of the city.

The threat of violence on active front lines, such as Mosul and Tel Afar to the west of Mosul, is extremely high. Therefore, no one will be returned there.

Decision-makers always assess whether an asylum seeker can relocate to another area of their home country, such as the capital city, Baghdad. If internal flight is possible, even asylum seekers originating from active front lines will not be granted international protection.

Internal flight to Baghdad continues to not apply to Sunnis fleeing ISIS-controlled areas, if their rights are in danger of violation by Shi’ia militia and they do not receive protection from the authorities. Furthermore, internal flight is not required of unaccompanied minors, lone women without a safety network, and families without a provider fit for work.

There are no grounds for categorically discontinuing subsidiary protection permits

The Finnish Immigration Service has been asked for its opinion on whether the categorical discontinuation of subsidiary protection permits would be possible on the grounds that the situation in Somalia, Iraq and Afghanistan has changed in such a way that there are no longer grounds for subsidiary protection.

The agency does not consider there to be any grounds for categorical discontinuation with regard to any of these countries. The need for continued international protection is assessed individually when a person applies to extend a permit that is about to expire.

Additional information for the media

Hanna Helinko, Director of Legal Service and Country Information Unit, tel. +358 (0)295 430 431, email: forename.surname@migri.fi

Fact box: Key legislation pertaining to asylum decisions

Asylum (Aliens Act, Section 87(1))

  • Asylum may be granted if the applicant has a well-founded fear of persecution in their home country or country of permanent residence.
  • This persecution must stem from ethnic origin, religion, nationality, membership of a particular social group, or political opinion.
  • The person must be unwilling to avail themselves of the protection of their home country or another country due to this fear.

Subsidiary protection (Aliens Act, Section 88(1))

  • Subsidiary protection may be granted when the criteria for asylum are not met, yet there are justifiable grounds to believe that the person would be at real risk of being subjected to serious harm if they were to return.
  • Serious harm means:
    1) the death penalty or execution
    2) torture or other inhuman or degrading treatment or punishment
    3) serious and personal danger as a result of indiscriminate violence resulting from international or internal armed conflict.

Internal flight (Aliens Act, Section 88 e)

  • Asylum or subsidiary protection may not be granted if the applicant would not be at risk of persecution or serious harm in some part of their home country or country of permanent residence, and could find protection there.
  • The person must be able to safely and legally return to another area, and must reasonably be expected to reside there. The prevailing circumstances and applicant’s personal situation are taken into account when making this assessment.

Press release