
IMMIGRATION SERVICE, POLICE AND GOVERNMENT PETITION
Dossier Faulty decisions made by the Immigration Service to the asylum seekers and actions of the authorities related on them.
Underwrites Representatives of the asylum seekers from Afghanistan and Iraq; In cooperation with International law firm Lex Gaudius
I. FAULTY DECISIONS MADE BY THE FIINISH IMMIGRATION SERVICE
– (GENERAL) There have been many faulty decisions depending on different reasons some as:
- Unprofessional translators;
- Unprofessional new employees, who did not receive a proper training in such a delicate matters as issues regarding asylum requests;
- The employees who were responsible on valuating and making the decisions regarding singular asylum requests, were put under pressure because of the goal settled by the directors of the Immigration Service;
- Sources used by the Immigration Service are not comprehensive. Sources should be updated and enlarged. A crucial matter is that the Immigration service uses a large amount of sources and facts given by the Human Right organizations’ reports;
- The Finnish Immigration Service’s country reports regarding Iraq and Afghanistan are not in line with the Swedish one. Country reports are not in line with the Swedish or international Human Rights organizations;
- The Finnish Immigration Service is interpreting the law more strictly than required, due to political pressure. For example, the Finnish Immigration service is applying the internal flight option against recommendations by international Human Rights organizations or the Swedish guidelines. For example, Sweden does not apply internal flight to Sunni Arabs in Iraq;
- Many times cases are not evaluated individually. Standard statements are copied to different kinds of cases, even when it has nothing to do with the person in question.
(SINGULAR) There have been many contradictory and illegal decisions some as:
- Huge amount of asylum cases where it is applied the article 88 e of the Finnish Law for the foreigners (Ulkomaalaislaki is applied 2004/301). There are too many cases where the Immigration service believes that the asylum seeker is persecuted in his home country and that he would have all the grounds for being granted a refugee status, nut still the Immigration service decides that the asylum seeker can return safely in another part of his/her home country. Asylum seekers coming from South and North Iraq are sent in Bagdad and asylum seekers coming from Bagdad are sent to Southern Iraq;
- Three brothers from Bagdad with same personal stories and backgrounds, one living in Helsinki and the other two living in Seinäjoki. The one living in Helsinki got refugee status while the 2 brothers living in Seinäjoki got negative decisions by the Immigration service and are now appealing to the administrative court.
- Two brothers, one gets asylum and the other one not, although they have the same case. The only difference is that the one with a positive decision is 13 years old; [1]
- The Finnish Immigration service claims that they apply the benefit of doubt in unclear cases. However, reality is quite the opposite – in many cases the Immigration service claims without further proof that there is no persecution or danger of persecution in the future; [2]
- Breaking the UN convention of the Rights of the Child, article 10 (families whose members live in different countries should be allowed to move between those countries so that parents and children can stay in contact, or get back together as a family). The Finnish Immigration stated in this decision that is in the best interests of the child to grew up without the presence of the father. [3]
The administrative court has serious difficulties in finding a remedy to all deficiencies made by the Immigration Service. All of those negative decisions given by the Immigration service on wrong grounds, put in danger the legal rights of some asylum seekers.
The Finnish Chancellor of Justice, Jaakko Jonkka, has criticized the methods of the Immigration service when its employees examined the cases of the asylum seekers. This is extremely serious criticism, that has to be taken in consideration properly. The Immigration Service has admitted its mistakes but still many of those faulty decisions have now power of law, meaning that all this new information, which is coming out, can’t rectify the faulty decisions.
Continue reading “Announcement by Lex Gaudius: Immigration Service, police and government petition”