Legislative amendment on speeding up the enforcement of removal decisions into force

The enforcement of decisions on removal from the country will be speeded up. Certain removal decisions related to public order and security can be enforced after 30 days from the service of the decision, unless the administrative court has prohibited its enforcement. The removal procedure is applied to removal from the country when the person concerned has or has had a residence permit in Finland or the residence of an EU citizen has been registered.

The Government submitted the amendment to the Aliens Act for approval on 15 November. The President of the Republic is to approve the amendment on 23 November.

Now removal decisions cannot be enforced until they have gained legal force even if matters relating to public order and security were involved. The administrative courts will process appeals against removal decisions subject to the amendment as urgent.

The amendment is based on Prime Minister Sipilä's Government Programme, which states that procedures will be reviewed to speed up removal from the country of those who have committed aggravated offences, recidivists and those who pose a danger to public security.

Amendment does not concern the refusal of entry of asylum seekers

The amendment does not apply to refusal of entry of foreign nationals. Refusal of entry concerns foreign nationals who have not been granted a residence permit in Finland. Removal decisions other than those concerning asylum seekers can be enforced without delay. With regard to removal decisions concerning asylum seekers, Finland is bound by the EU Asylum Procedures Directive and the future Asylum Procedures Regulation.

The amendment to the Aliens Act will enter into force on 1 January 2019.

Inquiries

Tiina Sinkkanen, Senior Adviser for Legislative Affairs, tel. +358 295 488 626, [email protected] and Kukka Krüger, Senior Specialist, tel. +358 295 488 270, [email protected]