Return - IOM Publications - International Organization for Migration

Return Migration: Policies and Practices
transporting undocumented migrants, and restricts the conditions under which parents of
unaccompanied asylum seeking minors would be permitted to join their children.
1.2 LEGISLATIVE INSTRUMENTS AND PROVISIONS
Immigration legislation in Finland over the past decade has been adjusted to reflect current
policy concerns. The 1991 Aliens Act, which is still in force, has been amended about 20 times,
leading to inconsistencies, and a new Aliens Act is currently under discussion. Although there
have been some antecedents, 3 the 1991 Aliens Act is the prevailing law governing the status of
aliens, i.e. non-Finnish nationals in Finland, and includes inter alia provisions on the entry,
residence, detention and expulsion of aliens.
Grounds for Refusal of Entry
According to Section 37 of the Aliens Act, a person may be refused entry if s/he:
Does not meet the precondition for entry, e.g. a valid passport or visa, is prohibited from
entering Finland or is deemed to be a threat to public safety;
Does not hold the required work permit;
Refuses to provide the necessary details on his/her identity or journey, or deliberately provides
incorrect information;
Is liable, based on a prior conviction, to commit a crime for which the statutory punishment is
a year’s imprisonment or more;
May, on account of previous activities, be assumed to engage in sabotage, espionage or illegal
intelligence-gathering activities in Finland or in activities that may endanger Finland’s activities
with a foreign state.
A non-national whose continued residence in Finland would require a residence permit, but has
not been issued with one, may also be refused entry. Individuals whose residence in Finland is
based on their nationality of an EEA country may only be refused entry where they are considered
to be a threat to public order, safety or health.
Grounds for Deportation
The most common ground for deportation from Finland is the rejection of an asylum claim.
Decisions on involuntary return are guided by the principle of non-refoulement established in
the Geneva Convention on Refugees and incorporated into the Finnish Aliens Act. Outside the
ambit of this principle, an alien who has been resident in Finland may be deported from Finland,
under Section 40 of the 1991 Aliens Act, if s/he:
Remains in Finland without the proper permit or passport (i.e. illegal residence);
Is unable to support him/herself during a temporary visit to Finland;
Has committed a crime for which the statutory punishment is a year’s imprisonment or more;
Is deemed to be a danger to the safety of others; or
Has engaged in or may, on account of previous activities, be assumed to engage in sabotage,
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