Only two per cent of asylum decisions overturned because of mistakes made by the Finnish Immigration Service

The majority of the asylum decisions that have been overturned by the Administrative Court were overturned due to reasons that were not related to the Finnish Immigration Service. During the beginning of the year, only two per cent of the decisions that were overturned were overturned due to an error made by the Finnish Immigration Service. The news on Monday night painted a false picture of the quality of the decisions made by the Finnish Immigration Service.

From January to September 2016, the Administrative Court has handled about 2,300 appealed asylum decisions. Of these, 68 per cent were rejected, that is, the decision of the Finnish Immigration Service was upheld. 21 per cent were returned to the Finnish Immigration Service to be processed again. The remaining 11 per cent expired, had been wrongfully registered or were dismissed.

Many overturned decisions Dublin cases from Hungary

The Supreme Administrative Court made a yearbook decision in April 2016 and banned the returning of asylum seekers to Hungary based on the Dublin Regulation. The Finnish Immigration Service had already made a large number of Dublin decisions related to Hungary, as many asylum seekers had been registered in Hungary on their way to Finland in the autumn of 2015. The Supreme Administrative Court stated that it is not possible to return asylum seekers to Hungary due to shortcomings in the asylum process and the conditions for reception. Due to this new legal practice, these applications were returned to the Finnish Immigration Service for processing.

Another common reason for asylum decisions being overturned is changes in the applicant’s personal situation during the appeal phase. The applicant might present a new statement about his or her situation or the situation in the applicant’s home country might have changed. In this case, the law stipulates that there is cause to review the applicant’s situation again.

The courts make their decisions independently

The Administrative Court decides on all asylum appeals independently and always examines all preconditions for granting international protection or a residence permit. If the situation changes during the appeal phase, the Administrative Court reviews the matter according to the current, that is, the changed situation when making its decision.

It is normal that new guidelines or a changed situation means that the application is returned to the Finnish Immigration Service for processing. The most important thing for the Finnish Immigration Service is to keep an eye on asylum decisions that have been returned because of errors in the interpretation of the law or procedure errors. At the Asylum Unit, the legality and quality of asylum decisions and asylum interviews is reviewed continuously and the unit keeps itself informed of current legal practices and arranges training for its employees in relation to this.

Further information for the media

Esko Repo, Director of Asylum Unit, tel. +358 295 430 431, e-mail: forename.surname@migri.fi

Tirsa Forssell, Head of Section at the Asylum Unit, tel. +358 295 430 431, e-mail: forename.surname@migri.fi