Updated draft law on the enforcement of deportation decisions circulated for comments

The Ministry of the Interior has circulated for comment the Government’s draft proposal concerning the enforcement of deportation decisions. The draft law has been updated on the basis of the comments provided during the previous circulation.

The draft proposes that the provisions regarding the enforceability of deportation-related decisions be changed so as to allow certain deportation-related decisions that concern public order and safety to be enforced faster.

According to the proposal, certain deportation-related decisions concerning public order and safety could be enforced within 30 days of the date on which notice of the decision has been given, unless the Administrative Court has prohibited the enforcement. Currently, decisions may not be enforced before they are legally valid. The proposed regulations would apply to both EU and non-EU citizens.

Appeals concerning deportation decisions would be processed as urgent by administrative courts

In accordance with the comments from the previous circulation, the draft law no longer contains the proposal that administrative courts be subjected to a time limit when issuing decisions concerning enforcement. Instead, the draft law proposes that appeals against deportation decisions concerning public order and safety should be treated as urgent by both administrative courts and the Supreme Administrative Court.

The draft law does not apply to the refusal of entry of foreigners

The draft law does not cover decisions on refusal of entry. Refusal of entry concerns foreigners who have not been granted a residence permit in Finland. Deportation decisions concerning people not requesting asylum may be enforced immediately. It is currently not possible to make the decision process any faster for asylum seekers, as Finland is bound by the European Union Asylum Procedures Directive.

The circulation for comment will end on 29 December 2017.

Additional information

Riitta Koponen, Director of Legislative Affairs, Migration Department, tel. +358 295 488 610, [email protected] (1–5 December)
Tiina Sinkkanen, Senior Adviser for Legislative Affairs, tel. +358 295 488 626, [email protected]