Proposal for tightening regulation on detention and entry bans sent out for comments

The Ministry of the Interior has sent out for comments a draft act that would tighten provisions on detention and revise the provisions on entry bans of the Aliens Act. In addition, the act would provide for the possibility of withdrawing a residence permit from an alien staying outside Finland and imposing an entry ban for security reasons. The deadline for submitting comments is 28 th June 2024.

The proposed amendments are based on the Government Programme’s entries concerning migration policy. The aim is to ensure efficient removal of individuals who are staying in the country illegally and to better safeguard public order and national security. 

The proposal would introduce more stringent provisions and best practices made possible by the EU’s Return Directive. The amendments would support the Government’s objectives to tighten asylum policy.

Maximum duration of detention would be extended 

According to the proposal, the maximum duration of detention would be extended from 12 months to 18 months in situations related to removal from the country. The act would provide for the possibility of extending the duration of detention from six months to 12 months if the person was considered a danger to public order and security or to national security.

The Government also proposes that the possibility of detaining a person to protect public order be added to the act. The concept of ‘risk of absconding’ in the act would be specified.

Provisions on entry bans would be revised 

The act would provide for a more effective imposition of entry bans in cases where no time limit has been set for voluntary return or the person has not left the country voluntarily within the fixed time limit. 

The act would provide for the possibility of imposing a fixed-term entry ban on a third-country national for a maximum of 15 years. This would be consistent with the entry bans imposed on EU citizens. The current act allows an entry ban to be imposed on third-country nationals for a fixed term of no more than five years or until further notice. 

The Government proposes that a residence permit could be withdrawn from an alien staying outside Finland and an entry ban be imposed due to the person being a danger to public order and security or to national security without hearing the person in Finland.

The goal is for the proposed act to enter into force as soon as possible.

Inquiries:
Jutta Gras, Senior Ministerial Adviser, Legislative Affairs, tel. +358 295 488 650, firstname.lastname@gov.fi
Emma Rimmanen, Senior Specialist, tel. +358 295 488 325, firstname.lastname@gov.fi 
Joni Länsivuori, Chief Superintendent, tel. +358 295 488 582, firstname.lastname@gov.fi