Country information reports have been updated − the Finnish Immigration Service adjusted its decision-making practices during autumn 2016

The Finnish Immigration Service has updated itscountry information reportsconcerning the safety situation in Afghanistan, Iraq and Somalia. The country information reports are reports created every six months concerning the security and human rights situation in the central countries of origin for asylum seekers coming to Finland. The reports are not a cause for changes in the agency’s current decision-making practices, the details of which have already been refined since the publishing of the previous reports.

The Finnish Immigration Service makes decisions on asylum applications based on the country information that is up-to-date and valid at the time that the decision is made. If the situation in the countries of origin changes, the Finnish Immigration Service also adapts its decision-making practices. For example, the agency reacted to the worsened security situation in Mosul in Iraq already in autumn 2016, after which no asylum seekers have been refused entry and returned there.

In the same way, the Finnish Immigration Service adapts its decision-making practices if the administrative courts make new decisions that act as prejudices. According to current legal practices, asylum seekers from Afghanistan, Iraq and Somalia can be returned to their home county if they lack individual grounds to be granted international protection. The majority of the Finnish Immigration Service negative decisions that have been appealed have not been overturned by the administrative courts.

The fact that according to an asylum seeker, he or she comes from a particular region is not alone a reason for him or her to be granted international protection. In each case, it is examined if the person in question has a fear of being persecuted or faces being subjected to serious harm, and in that case, and if he or she can gain protection by moving to another part of his or her own home country (internal flight, Aliens Act Section 88 e §).

Majority of decisions not overturned by the administrative courts, awaiting prejudices from the Supreme Administrative Court

The Administrative Court of Helsinki overturned approximately 23.7 per cent of the Finnish Immigration Services decisions in 2016. The reason for most of the overturned decisions was changed circumstances: for example, new grounds that have been presented only at the appeal stage, a changed situation in the asylum seeker’s home country or new decision by the administrative courts that acts as a prejudice. Of the decisions, 3.6 per cent were overturned by the administrative court due to errors in the interpretation of the law and procedure errors made by the Finnish Immigration Service.

The Supreme Administrative Court is still to issue decisions that will acts as prejudices for legal practices. This means that the agency’s decision-making practises for asylum applications may change during 2017.

Legal practices for Afghan asylum seekers await the Supreme Administrative Court’s decision

There have not been any significant changes in the overall situation in Afghanistan since spring 2016. The security situation in the country is very unstable and even varies according to the seasons. South Afghanistan has for many years been one of the regions that have suffered the most because of the conflict, both when it comes to the number of security incidents and the number of civilians killed. At the moment, the situation is most dire in the Helmand province, where armed conflicts have affected the living conditions for the local population the most when it comes to the number of conflicts and the number of people that have been forced to flee.

The Finnish Immigration Service and the Administrative Court of Helsinki have both stated that it is possible to return to Kabul and that internal flight to Kabul is possible in general. The Administrative Court of Helsinki has, however, ruled that contrary to the view of the Finnish Immigration Service, there are some provinces in Afghanistan that asylum seekers cannot be returned to. The Finnish Immigration Service has asked the Supreme Administrative Court to review the matter.

The Supreme Court will also decide whether the conditions of a particular travel route can be a ground for granting subsidiary protection in cases where the conditions in the region a person comes from does not.

Changes in Iraq, in particular in Mosul

The security situation in Iraq varies according to the region. The situation is most desperate in Mosul, that the Iraqi government forces have tried to free from Isis control Since spring 2016, the development of the situation in Iraq has been characterized by the advancement of security forces in the Anbar and Nineveh provinces and the taking back of several cities from Isis. There has been significant remigration to these freed regions. On the other hand, the humanitarian situation is still dire and Isis has continued its attacks in Baghdad and regions previously under its control. The regions that have been freed from Isis have also seen grave legal offences against civilians from armed groups.

The security situation in Baghdad has declined, but the violence does not reach such an extreme level that is a precondition for being granted international protection solely based on the conditions in the place of residence. The Supreme Administrative Court has also stated that it is possible to return asylum seekers to Baghdad.

Mosul is considered to be an area of subsidiary protection and no-one is returned there due to active conflicts. No asylum seekers were returned previously as well to Mosul, as they were considered to be at risk of being persecuted by Isis. Internal flight to Baghdad is not an option for Sunnis who have left regions controlled by Isis, if they are in danger of being the target of legal offences by the Shia militias and do not get protection from the authorities.

However, internal flight to Baghdad is still possible for Sunnis coming from other regions. In addition to this, Shiites can still make use of internal flight to Baghdad and South Iraq.

It is possible to return to Mogadishu in Somalia

There have not been any significant changes in the security situation in Somalia since spring 2016. The biggest cause of instability remains al-Shabaab. The group has continued its conflict against the regime in Somalia and carried out military operations against the Somalian army and the AMISOM forces in different parts of the country. Forces supporting the regime in Somalia control the most important cities in South and Central Somalia. The countryside in between the cities is for the most part under the influence of al-Shabaab.

Both the Finnish Immigration Service and the Administrative Court of Helsinki have found that it is possible to return to Mogadishu, for example. As regards South and Central Somalia, the Administrative Court of Helsinki has asked the Finnish Immigration Service to more closely examine the possibility of return and the conditions of the travel route for individual asylum seekers.

Further information for the media

Hanna Helinko, Director of Legal Service and Country Information Unit, tel. +358 295 430 431, e-mail: firstname.lastname@migri.fi

The sections about Mosul and internal flight to Baghdad were specified on 19 January 2017.