Proposal for introducing border procedure sent out for comments

The Ministry of the Interior has sent out for comments a draft proposal for introducing a border procedure. The border procedure involves swift processing of asylum seekers' applications in the vicinity of the border.

In accordance with the Government Programme, the aim of the proposal is to introduce a border procedure with an approach that will fully exploit the scope of the Asylum Procedures Directive as required by any given situation. 

The border procedure in question is an asylum procedure.  It can be applied to asylum applications that are made at or in the vicinity of the EU external border and that are likely to be unfounded. In addition to the eastern border, Finland's external borders include international airports, for example. According to the draft act, the border procedure could be used in all migration situations, not just in the event of large-scale or instrumentalised migration.

In a normal asylum procedure, asylum seekers have the right to move freely within Finland.  In the border procedure, applicants must stay at or near the border during the processing of the application. In practice, asylum seekers must stay on the grounds of the reception centre assigned to them.  The purpose of the procedure is to enhance the examination of unfounded applications and the return of applicants whose application has been rejected. In addition, it aims to prevent asylum seekers’ secondary movements between Member States.

The Ministry of the Interior also proposes that the Aliens Act include the grounds for the accelerated procedure laid down in the Asylum Procedures Directive that have not yet been included in the Act. In practice, the accelerated procedure means that rejected asylum applicants can be returned more swiftly than in the normal asylum procedure. In future, the accelerated procedure could be used for applicants who have received a negative decision and who can be considered a danger to Finland's national security or public order, or for subsequent applications. In addition, the proposed amendments will ensure that national regulation is better aligned with the Asylum Procedures Directive.

Border procedure is not solution to situation at eastern border but provides additional tools for managing migration

Russia has been using instrumentalised migration against Finland since last summer.  Although the border procedure is an additional tool for managing migration, it will not provide a solution in itself to the situation at the eastern border.  By the end of January, approximately 1,300 people had arrived in Finland from Russia across the eastern border without fulfilling the conditions for entry. Based on the Finnish Immigration Service's screening and statistics, it has been estimated that approximately 100 of these migrants would have been referred to the border procedure.

The deadline for submitting comments is 26 February 2024.  

Inquiries:

Eeva-Maija Leivo, Senior Specialist, [email protected] 
Sanna Montin, Chief Specialist, [email protected] 
 

Correction in the text 17.4.2024 at 9.44 am. Fourth paragraph first sentence, reference to other EU countries removed.