Keeping the Eastern border crossing points closed continues to seriously compromise the right to seek asylum

Finland has committed to international treaties safeguarding the right to seek asylum in all circumstances. The Non-Discrimination Ombudsman still finds that keeping all border crossing points at the Eastern border closed and centralising international protection applications to air and sea border crossing points seriously compromises the real and effective opportunity to apply for international protection. In the absence of real and effective access to the asylum procedure, there is a manifest danger of violations of the principle of non-refoulement and the prohibition of collective expulsion.

On 11 January 2024, the Finnish Government decided to keep all border crossing points on the Eastern border closed and to centralise the application for international protection to air and sea border crossing points. All border crossing points on the Eastern border have already been closed since 15.12.2023, following a previous decision by the Government. Since November 2023, the Non-Discrimination Ombudsman has considered that the centralisation of applications for international protection seriously compromises the right to seek asylum.

The state has an obligation to safeguard real and effective access to the asylum procedure. According to the European Court of Human Rights and the Court of Justice of the European Union, this means, among other things, an obligation to keep a sufficient number of border crossing points open for persons seeking international protection, and to accept and examine asylum applications.

The Non-Discrimination Ombudsman further considers that keeping all border crossing points at the eastern border closed and centralising international protection applications seriously compromises real and effective access to the asylum procedure.

– In the absence of real and effective access to the asylum procedure, there is a manifest danger of violations of the principle of non-refoulement and the prohibition of collective expulsion, Non-Discrimination Ombudsman Kristina Stenman stresses.

According to the Border Guard Act, vulnerable individuals must be taken into consideration also when seeking asylum has been centralised, so that the requirement to submit the application at the border crossing to which the reception of applications has been centralised can be derogated from in individual cases. According to the Act, the measures must not prevent the right of entry or the right to leave the country of a Finnish citizen, or infringe upon the rights of persons covered by European Union legislation on free movement or the right to enjoy international protection.

The right to seek asylum, the principle of non-refoulement and the prohibition of collective expulsion are key principles of EU law and the Finnish legal order. Non-refoulement is binding legislation that Finland must respect in all situations. Non-refoulement safeguards the right to life and protects people from torture and inhuman or degrading treatment.

12.01.2024