Government proposes amendments to regulation on detention and entry bans

The Government proposes that the provisions of the Aliens Act on detention be tightened and the provisions on entry bans be reformed. 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 Government submitted a proposal on the amendments to Parliament on 3 October.

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 detention from six months to 12 months even before the removal decision is made if the person was considered a danger to public order and security or to national security. In addition, the possibility of detaining a person to protect public order would be added to the Act.

Regulation 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. 

In future, a temporary entry ban could be imposed on a third-country national for up to 15 years. This would be consistent with 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. 

A residence permit could be withdrawn from an alien staying outside Finland and an entry ban be imposed on the alien due to the person being a danger to public order and security or to national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

Return Directive enables more stringent provisions

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. 

The definition of the risk of absconding would be clarified by specifying in the Act detailed criteria for assessing when there is reason to assume that the person to be returned may abscond. In addition, the returnee would be obliged to cooperate with the Finnish authorities at all stages of the return process.

The amendments safeguard public order and national security

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, to better safeguard public order and national security, and to prepare for new kinds of situations that could jeopardise security.

The Act is intended to enter into force as soon as possible. 

Inquiries:
Jutta Gras, Senior Ministerial Adviser, tel. +358 295 488 650, [email protected]