Removal and departure from the country
If a person does not meet the conditions for legal stay in Finland, they are required to leave the country. This applies, for example, to persons whose asylum or residence permit application has been rejected, or to persons who are subject to a decision on denial of admittance or stay or deportation decision due to criminal activity. In most cases, if there is no threat to public order or security and no risk of absconding, the person is given time to leave Finland voluntarily. During this time, they may arrange their own return. If no time limit for voluntary return is set, or if the person does not leave within the given time, the police or border control authority must take steps to remove the person from the country.
Most returns enforced by the authorities are carried out using regular commercial flights. If necessary, joint return flights coordinated by Frontex may also be used. The authorities either supervise the departure at the airport or, if needed, escort the person to their final destination.
Non-refoulement means that no one may be returned to a territory where they would face the death penalty, torture, persecution or other inhuman or degrading treatment. This principle must be respected throughout the process, both when the Finnish Immigration Service, police or border control authority consider the removal decision, and during its enforcement.
The right to appeal is the primary safeguard for ensuring both compliance with the non-refoulement principle and legality of the authorities’ decisions. A person may appeal to an administrative court both the decision to remove them from the country and the decision on their right of residence, which led to the removal. In certain cases, the person has the right to remain in Finland while they are waiting for the court’s decision. If necessary, the court may also forbid enforcement of the removal until the appeal has been considered.
During enforcement, the police reassess the situation to ensure that non-refoulement is respected, taking into account any new circumstances or grounds. Police guidelines emphasise close cooperation and clear procedures with administrative courts and the Finnish Immigration Service.
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Finland may remove persons who:
- no longer meet the conditions for legal stay because they have not been granted the required residence permit or their permit has been withdrawn or their refugee status ended
- are subject to a decision on denial of admittance or stay or deportation due to criminal offences
- have not applied for the required right of residence
- are asylum seekers who must be transferred by the police to another EU Member State responsible for processing their application.
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Each asylum application is examined individually. Finland’s asylum process and decisions are based on EU legislation and international agreements. The Finnish Aliens Act takes into account the Constitution, human rights and the principle of non-refoulement. The Finnish Immigration Service complies with the Aliens Act when making asylum decisions.
No one is returned to their home country if they are at risk of persecution or torture. People are not returned to areas affected by armed conflict. The asylum decision is based on an individual consideration of the applicant’s personal situation, the principles of refugee law and up-to-date country information. In some cases, it may be decided that although the person cannot return to the place where they used to live, they may relocate to another part of their country. In refugee law, this is known as internal protection.
Not everyone qualifies for asylum or other forms of international protection in Finland. Factors such as gender, age or profession alone are not sufficient grounds. It is important to note that the purpose of international protection under the Finnish Aliens Act is not to guarantee the same standard of living as in Finland, but to protect people who face personal persecution in their home country.
If the person does not meet the criteria for asylum, they will be refused asylum and ordered to leave Finland. Every applicant has the right to appeal the decision to a Finnish administrative court.
Authorities only carry out removal decisions that are enforceable and where the person no longer has the right to stay in Finland. Depending on the case, the person may be given time to leave voluntarily. As a rule, the authorities will not enforce the decision during this time. Even if no time limit is given, the person may still be allowed to leave under supervision using their own arrangements. However, if public order or security requires the authorities to take steps to ensure the return, the person cannot make their own arrangements to return voluntarily.
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A person who does not qualify for international protection or other residence permit must return to their home country. They are primarily given the opportunity to return voluntarily, which is the most humane option and the best solution for the returnee.
The Finnish Immigration Service operates a system for assisted voluntary return, mainly for asylum seekers. Through this system, certain persons can receive support to return to their home country. The International Organization for Migration (IOM) is the Finnish Immigration Service’s partner in assisted voluntary return. Returnees receive travel tickets, and local IOM staff often meet them upon arrival. Depending on the situation, returnees may also receive financial or material support to help restart their lives, such as funding for education and training or starting a small business.
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If the person refuses to comply with the removal decision or is not given the opportunity to return voluntarily, the police or border control authority will carry out the removal. The responsible authority ensures that the person boards the flight and reaches their destination. The authority will use preventive or coercive measures if necessary. The police and border control authority have a statutory duty to ensure that no one stays in Finland without a legal right to do so.
Authorities may return the person either under supervision or with an escort. Most removals are carried out on regular flights. Some are charter flights with enough trained escorts from the authorities to ensure safety and compliance during the flight.
Escorted removal is usually a last resort. It rarely involves physical force. The main purpose of escorted removal is to ensure the safety of other passengers and that the returnee reaches their final destination. Because return flights often include stopovers, escorts are needed to assist with airport procedures during the journey.
The Non-Discrimination Ombudsman monitors removals and an official from the Ombudsman's Office may participate in enforcement if necessary.
Removal may be postponed for certain reasons, such as health. The returnee may apply for a temporary residence permit if the obstacle to departure is long-term.
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The Finnish Immigration Service has a country information service that assesses safety based on its own research, studies and many other sources.
In addition to public sources, the country information service receives up-to-date information on countries of origin especially through the European Union Agency for Asylum (EUAA), cooperation with country experts from EU Member States, and country-specific meetings.Other sources include:
- UN Refugee Agency (UNHCR)
- international and local human rights organisations
- non-governmental organisations, research institutes, other countries’ country information services and international news agencies
Some information, such as travel advice published by the Ministry for Foreign Affairs, cannot be directly compared with the country information used by the Finnish Immigration Service because the assessments concern different groups of people. The Foreign Ministry’s travel advice is intended for Finnish citizens considering travel abroad and highlight risks to foreign nationals.
Safety conditions may vary significantly depending on whether the person is a citizen of the country or a foreign visitor. The Finnish Immigration Service publishes written country assessments twice a year, but applications are always processed and decided based on up-to-date information about the country of origin. This data is gathered by country information researchers. When making decisions on new applications, the Finnish Immigration Service also takes into account the latest case law by administrative courts and the Supreme Administrative Court.
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The return arrangements take into account the person’s individual circumstances and other relevant factors, such as illness, disability or age.
Children are treated according to their age and development, and are prioritised for assisted voluntary return.
If the person is pregnant, the police consult a doctor to assess whether flying is safe.
Removal may be postponed for certain reasons, such as health. In such cases, a temporary residence permit may be granted if the need for postponement is long-term.