legal and social conditions for asylum seekers and refugees in ...

Detention
According to Section 46 of the Aliens Act, detention may be used when investigations are to be
made into whether an alien should be allowed entry, as well as under deportation proceedings.
In practice, asylum seekers whose identity and travel route cannot be verified are often detained
upon arrival in Finland. Detention is also used in order to prepare for the expulsion of rejected
asylum seekers.
For the initial four days, detention may be in police custody. Conditions there are usually quite
basic: detainees have only one-hour outside exercise per day, washing facilities are limited, etc.
The detention measure must be notified immediately to a Court, which must then hear the case
within this four-day time limit and decide whether the asylum seeker should be released or kept in
detention. In the latter case, the Court must review detention every 14 days. There is no
maximum period of detention, as long as the case is examined every fortnight. The police may
also release the applicant on their own initiative without a Court decision. Asylum seekers whose
detention has been extended by the Court are held in normal prisons under the same conditions
as all other inmates, although according to the Aliens Act they should be held in special detention
facilities.
Detained aliens must be allowed to communicate with a lawyer and the Ombudsman for Aliens.
In practice, however, they are not always informed of this right. In particular, asylum seekers
detained upon arrival are often not given the necessary information on the asylum procedure and
the services provided by the Refugee Advice Centre. A lawyer is normally appointed to assist
them at the Court hearings, but these lawyers are not usually specialised in asylum matters.
Applications from abroad
It is not possible to apply for asylum from abroad. However, according to Section 17 and 18 of the
Aliens Act, an application for a residence permit may be submitted to a Finnish diplomatic or
consular mission. Upon authorisation of the Ministry for Foreign Affairs, other Finnish missions
may also issue residence permits abroad.
Family Reunification
Definition of a family member
For purpose of family reunification, a family member is defined in Section 18b of the Aliens Act as
the spouse or unmarried minor child of the person residing in Finland. If the alien residing in the
country is a minor child, reunification with the person having guardianship and the child’s nonmarried
siblings under 18 years of age is possible.
Unmarried partners have to show that they have lived together for two years in order to obtain
family reunification. It is not impossible for same sex partners to be granted family reunification on
the same basis as unmarried partners but this would be exceptional.
Convention and de facto refugees
In accordance with Section 18c(1) of the Act, family members of Convention refugees or persons
with a residence permit based on the need for protection shall be granted a residence permit,
unless there are reasons of public order or safety or other weighty reasons against issuing the
permit. There are no financial or housing requirements. Travel costs to Finland are paid for by the
state.
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Finland