Criminals will be removed from the country when permitted by law

Migri

7.12.2015 13.29

News item

Crimes committed by asylum seekers and their effect on the granting of residence permits have been the subject of much debate recently. The Finnish Immigration Service will make a decision to refuse entry or to deport persons guilty of serious crime whenever the law permits.

If an asylum seeker has sufficient grounds for being granted asylum, in other words refugee status, the person cannot be denied asylum even on the basis of a serious crime committed in Finland. This is based on the Convention relating to the Status of Refugees and Finland's Aliens Act (section 87, paragraph 2).

Meanwhile, a person guilty of a crime may be denied a residence permit on the basis of subsidiary protection or humanitarian protection. However, under the Constitution of Finland (section 9), the Aliens Act (section 147) and the European Convention on Human Rights (article 3), persons guilty of a serious crime shall not be removed from the country if in consequence they would face a death sentence, torture, persecution or other treatment violating human dignity in their home country.

If an asylum seeker guilty of crimes has no grounds for being granted asylum, or refugee status, and can safely return to his or her home country, a negative decision will be issued involving refusal of entry. If the criteria for granting asylum are met or if safe return is not possible, a temporary residence permit will be granted for one year at a time.

A criminal's refugee status may be withdrawn

A person given refugee status may not be deported to a home country, or country of permanent residence, with respect to which the person needs international protection. Refugees may only be deported to countries that agree to accept them. The process of considering removal from the country of other foreign nationals and EU citizens is different.

Withdrawal of refugee status and subsidiary protection may be considered for example if the person is found guilty of crimes. All serious crimes committed by foreign nationals are notified by the police to the Finnish Immigration Service, which will then apply a low-threshold approach to investigating the grounds of withdrawing the person's protection status.

If a refugee commits serious crimes, the Finnish Immigration Service pays special attention to the grounds for protection. If the criteria for the withdrawal of refugee or protection status and cancellation of a residence permit are met, the person will be deported.

In the case of criminals, the possibilities of returning the person will be examined with particular care, even if the person's home country presents problems in respect of such a return. The police are responsible for the implementation of refusal or entry and deportation decisions.

Even if a crime committed in Finland does not immediately lead to the removal of an asylum seeker from Finland, the person will face criminal liability for his actions. Although refugee status involves the right to seek family reunification, the family members of a prisoner will not be granted residence permits. After a prison sentence, deportation may be possible if the circumstances affecting refugee status have changed.

Further information for the media

Esko Repo, Director of Asylum Unit, tel. + 358 295 430 431, firstname.lastname@migri.fi

Important terms
Refusal of entry: When a foreign national has not been issued with a residence permit and a decision is made to remove the person from the country, he or she is refused entry into the country. Deportation: When a foreign national has been issued with a residence permit but a decision is made to remove the person from the country, he or she will be deported. Asylum seeker: A person who seeks protection and right of residence in a foreign state. An asylum seeker is granted refugee status if he or she is granted asylum. Refugee: A foreign national who has a well-founded fear of being persecuted for reasons of ethnic origin, religion, nationality, membership in a particular social group or political opinion. Refugee status is granted to a person who has been granted asylum by a state or who is considered a refugee by UNHCR. Asylum: A residence permit issued to a foreign national under the asylum procedure on the basis of his or her refugee status. Subsidiary protection: A residence permit is issued on the basis of subsidiary protection when the requirements for granting asylum are not met, but the applicant faces a risk of being subjected to the death penalty, execution, torture or other inhuman or degrading treatment or punishment in his or her home country or country of former habitual residence. A permit may also be issued if the applicant is unable to return to his or her home country or country of former habitual residence without being exposed to serious and individual threat as a result of armed conflicts. Humanitarian protection: A residence permit is granted on the basis of humanitarian protection when the requirements for granting asylum or providing subsidiary protection are not met, but the applicant cannot return to his or her home country or country of former habitual residence because of an environmental catastrophe. Another reason can be a bad security situation which may be due to an armed conflict or a poor human rights situation. Non-refoulement: According to the principle of non-refoulement, no one may be sent back to an area where he or she could be subject to the death penalty, torture, persecution or other inhuman treatment or other treatment violating human dignity.

Important terms

Refusal of entry: When a foreign national has not been issued with a residence permit and a decision is made to remove the person from the country, he or she is refused entry into the country.
Deportation: When a foreign national has been issued with a residence permit but a decision is made to remove the person from the country, he or she will be deported.
Asylum seeker: A person who seeks protection and right of residence in a foreign state. An asylum seeker is granted refugee status if he or she is granted asylum.
Refugee: A foreign national who has a well-founded fear of being persecuted for reasons of ethnic origin, religion, nationality, membership in a particular social group or political opinion. Refugee status is granted to a person who has been granted asylum by a state or who is considered a refugee by UNHCR.
Asylum: A residence permit issued to a foreign national under the asylum procedure on the basis of his or her refugee status.
Subsidiary protection: A residence permit is issued on the basis of subsidiary protection when the requirements for granting asylum are not met, but the applicant faces a risk of being subjected to the death penalty, execution, torture or other inhuman or degrading treatment or punishment in his or her home country or country of former habitual residence. A permit may also be issued if the applicant is unable to return to his or her home country or country of former habitual residence without being exposed to serious and individual threat as a result of armed conflicts.
Humanitarian protection: A residence permit is granted on the basis of humanitarian protection when the requirements for granting asylum or providing subsidiary protection are not met, but the applicant cannot return to his or her home country or country of former habitual residence because of an environmental catastrophe. Another reason can be a bad security situation which may be due to an armed conflict or a poor human rights situation.
Non-refoulement: According to the principle of non-refoulement, no one may be sent back to an area where he or she could be subject to the death penalty, torture, persecution or other inhuman treatment or other treatment violating human dignity.

A foreign national can be deported from Finland if
he or she resides in Finland without the required residence permit; he or she is found guilty of an offence carrying a maximum sentence of imprisonment for a year or more, if he or she is found guilty of repeated offences; he or she has, through his or her activities, shown that he or she is liable to endanger other people’s safety; he or she has been engaged, or on the basis of his or her previous activities and for other reasons there are grounds to suspect that he or she may engage in activities that endanger Finland’s national security or relations with a foreign State. Source: Finland’s Aliens Act 149 §

A foreign national can be deported from Finland if

he or she resides in Finland without the required residence permit;
he or she is found guilty of an offence carrying a maximum sentence of imprisonment for a year or more,
if he or she is found guilty of repeated offences;
he or she has, through his or her activities, shown that he or she is liable to endanger other people’s safety;
he or she has been engaged, or on the basis of his or her previous activities and for other reasons there are grounds to suspect that he or she may engage in activities that endanger Finland’s national security or relations with a foreign State.

Source: Finland’s Aliens Act 149 §

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