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International protection

Applying for international protection

An application presented at the Finnish border or on Finnish territory on the basis of a need for international protection (asylum application) is processed in the asylum procedure.

An alien claiming as grounds violations of his or her human rights is considered to be applying for asylum, unless he or she explicitly states otherwise.

An application for international protection is submitted to the police or the border control authorities on arrival in Finland or shortly after that.

An alien cannot apply for international protection at or through Finnish diplomatic missions abroad. Nor can an alien apply for asylum from abroad in writing or by e-mail.

Asylum investigation

After the application for international protection has been submitted, the asylum procedure continues with an asylum investigation. The police or Frontier Guard establish the applicant's identity, travel route, and means of entering the country. At this point, information about the applicant's family members and other close relatives is also gathered.

The Finnish Immigration Service conducts the actual asylum interview. At the interview, the persecution directed at the applicant in his or her home country, other violations of human rights and the threat of such violations, and the grounds for these concerns are orally investigated.

The interviewers also establish if the applicant has other grounds for receiving a residence permit in Finland in addition to the need for international protection. Such grounds may include the applicant's family ties to Finland or issues related to the applicant's health.

The applicant is entitled to the services of an interpreter during the interview, and he or she can use a legal assistant or contact the Ombudsman for Minorities.

During the asylum investigation, the applicant will usually reside at a reception centre, where temporary accommodation has been arranged for him or her. The applicant is entitled to stay at the reception centre until a decision has been issued. Accommodation at a reception centre is free of charge.

Applicants who are under age and have arrived unaccompanied are placed at reception centres specifically designed for children. The District Court will assign them a representative, whose task is to supervise their interests during the asylum procedure. Children are interviewed at the Finnish Immigration Service, with the representative present during the interview.

Issuing a decision on the application

An application for international protection is processed either via a normal or accelerated procedure.

The requirements for granting a residence permit are always evaluated on a case-by-case basis. The report presented by the applicant and that obtained by the Finnish Immigration Service regarding the circumstances the applicant faces in his or her home country or country of permanent residence, as well as information about the circumstances in the State in question, are taken into consideration in the evaluation.

The report of the applicant and possible additional clarifications, as well as any available clarification acquired by the authorities regarding the matter, form the basis for the decision. The application must be accepted if the applicant has contributed to resolving the issue and if the authorities are convinced of the credibility of the grounds presented.

If the application is rejected, a decision on refusal of entry or on deportation will be made concerning the applicant, unless there are special grounds for not making such a decision. In conjunction with the refusal of entry or deportation, the applicant may be prohibited from entering Finland again. The entry prohibition may be valid for a fixed term or until further notice, and it may apply to one or several Schengen States.

The Ombudsman for Minorities has the right to be heard on individual issues regarding the asylum seeker.

After the Finnish Immigration Service has issued a decision on the asylum application, it forwards the decision to the local police, who will notify the applicant of the decision.

The applicant is entitled to receive the decision concerning his or her application in his or her native language or in a language that the applicant can be presumed to understand. The notification of a decision in Finnish or Swedish will be made through interpretation or translation.

Asylum

Asylum will be granted if the applicant resides outside his or her home country or country of permanent residence owing to well-founded fear of persecution because of race, religion, nationality, membership of a particular social group, or political opinion. It is also required that, owing to such fear, the applicant be unwilling to seek the protection of the country.

Examples of persecution due to membership of a particular social group include possible persecution because of sexual orientation or membership of a trade union.

Also, gender-based persecution directed at women can be taken into consideration as grounds for asylum. In such cases, the reason for persecution is membership of a particular social group.

Asylum is not granted if the applicant has committed, or if there are reasonable grounds to suspect that he or she has committed, a very serious political crime or another serious crime prior to arriving in Finland as a refugee.

The grounds for granting asylum specified in the Aliens Act are the same as in the Geneva Refugee Convention, which Finland has signed.

Residence permit on the basis of subsidiary protection

If the requirements for granting asylum are not met, an applicant for international protection can be issued a residence permit on the basis of subsidiary protection.

A residence permit will be granted if the applicant is threatened with capital punishment, execution, torture or some other inhuman or degrading treatment or punishment in his or her home country or country of permanent residence. A permit may also be granted if the applicant cannot return to his or her home country or country of permanent residence without being exposed to considerable personal danger owing to armed conflict.

Residence permit on the basis of humanitarian protection

If the requirements for granting asylum or subsidiary protection are not met, an applicant for international protection can be issued a residence permit on the basis of humanitarian protection.

A residence permit will be granted if the applicant is unable to return to his or her home country or country of permanent residence because of an environmental catastrophe occurring there, or because of prevailing poor security circumstances there which may be caused by armed conflict or a troubled human rights situation.

Residence permit on other grounds

During the asylum interview, other possible grounds for granting a residence permit are also examined. These grounds are not related to the need or requirements for international protection.

A temporary residence permit will be granted if the applicant cannot be returned to his or her home country or country of permanent residence for health reasons or if his or her deportation is not possible in practice.

A continuous residence permit will be granted if rejecting the application is clearly unreasonable considering the applicant's health, ties established to Finland, or some other individual, humane reasons. In this case, the circumstances under which the applicant would find him or herself in the home country, or his or her vulnerable position are taken into special consideration.

A residence permit may also be granted on the basis of family ties or reasonability.

Information for asylum seekers

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