New border procedure introduced on 1 September 2024

The legislative amendments that introduce a new border procedure have now entered into force. The amendments also include new grounds for using an accelerated procedure to process asylum applications at the Finnish Immigration Service. The amendments concern the Aliens Act, and they are not connected with the border security act that was adopted on 16 July 2024.

Such applicants who have applied for asylum at the external borders of Finland on 1 September 2024 or later can be referred to the border procedure. The amendments concerning accelerated procedure apply to all asylum applications, including applications submitted before 1 September 2024.

The purpose of the border procedure is to enhance the examination of applications that are likely to be unfounded and the return of applicants who receive a negative decision. It is also intended to serve as a tool for managing situations of instrumentalised migration. In addition, the border procedure can prevent secondary movements of asylum seekers to other EU countries.

The Finnish Immigration Service examines each asylum application individually and thoroughly regardless of whether the application has been referred to the border procedure or not. The asylum seekers subject to the border procedure are also given the same advice as other asylum seekers and are entitled to legal aid.

The border procedure differs from the normal procedure for processing asylum applications as follows:

• By law, the Finnish Immigration Service must issue a decision on an asylum application within four weeks of its submission if the border procedure is applied.
• During the border procedure, the asylum seekers are not allowed to leave the area of the reception centre in which they are ordered to reside without specific permission.

The border authorities can refer an application to the border procedure only if the grounds presented in the application suggest that the Finnish Immigration Service can consider the application inadmissible or use an accelerated procedure to process the application.

When the Finnish Immigration Service considers an asylum application inadmissible, it will not examine the grounds for the asylum application in an asylum interview. The Finnish Immigration Service can rule an application inadmissible if it after conducting a preliminary examination considers that there are no grounds for continuing the examination.

When the Finnish Immigration Service applies an accelerated procedure to an application, it is processed faster than usual. If the Finnish Immigration Service rejects an application in an accelerated procedure, it can consider the application manifestly unfounded.

The conditions on the basis of which the Finnish Immigration Service can consider an application inadmissible or use an accelerated procedure to process an application are specified in the Aliens Act.

Media enquiries

• Roosa Simola, Process Owner, 0295 433 037, firstname.lastname@migri.fi
• Web page: Border procedure | Maahanmuuttovirasto (migri.fi)