Proposal to enable requests for an administrative review of certain decisions of the Finnish Immigration Service free of charge
The Government proposes an amendment to the Aliens Act to enable clients of the Finnish Immigration Service to request an administrative review of decisions concerning residence permits for specialists and the EU Blue Card. The proposal aims to allow the Service to make automated decisions on these case types. The Government submitted its proposal to Parliament on 17 November.
Automated decision-making would enable more efficient processing of simpler cases. However, ensuring the client’s legal protection remains a critical aspect. Parliament is currently discussing a proposal for automated decision-making in public administration in which the request for an administrative review is proposed as an appropriate legal remedy.
Based on the opinions received during a consultation process, the Government proposes that with regard to the Finnish Immigration Service the right to request an administrative review free of charge would apply to certain case types. In these cases, clients could request an administrative review of both automated decisions and decisions made by public officials, without paying a charge.
Requesting an administrative review free of charge would be restricted to specific case types to ensure that the resources which the Service needs to process the requests would not exceed those freed up by automated decision-making. The benefits of automation should remain greater than the costs.
This amendment to the Aliens Act is scheduled to enter into force as soon as possible after the entry into force of general legislation on automated decision-making within public administration and the amendments to the Aliens Act concerning employment.
Clients would continue to submit requests for review to the administrative court concerning other matters
Currently, clients dissatisfied with a decision of the Finnish Immigration Service may appeal directly to an administrative court. This practice would continue for case types other than those referred to here. Clients could also appeal to an administrative court against a decision which the Finnish Immigration Service has made on a request for an administrative review.
Currently, legislation does not yet enable fully automated decision-making. Automation would benefit both the Service and its clients as it can help streamline the making of routine decisions and allocate staff specifically to tasks where an expert’s assessment is needed.
Anu Polojärvi, Senior Specialist, tel. +358 295 488 237, [email protected]