Non-Discrimination Ombudsman: the closing of nearly all border crossing points on the eastern border seriously jeopardises the right to seek asylum

Finland has committed to international treaties safeguarding the right to seek asylum in all circumstances. In the opinion of the Non-Discrimination Ombudsman, closing nearly all border crossing points on the eastern border and centralising international protection applications to the Raja-Jooseppi border crossing point seriously compromises the real and effective opportunity to apply for international protection. In the absence of real and effective access to the asylum process, there is a manifest danger of violations of the principle of non-refoulement and the prohibition of collective expulsion.

On 22 November 2023, the Government decided to close nearly all border crossing points on the eastern border and centralise applications for international protection to the Raja-Jooseppi border crossing. The state has an obligation to safeguard real and effective access to the asylum procedure. According to the European Court of Human Rights and 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 people seeking international protection, and to accept and examine asylum applications.

In the opinion of the Non-Discrimination Ombudsman, closing nearly all border crossing points on the eastern border and centralising international protection applications to the Raja-Jooseppi border crossing point seriously compromises real and effective access to the asylum procedure.

- The right to seek asylum, principle of non-refoulement and prohibition of collective expulsion are key principles of EU law and the Finnish legal order. In the absence of real and effective access to the asylum process, 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.

The Non-Discrimination Ombudsman emphasises that Finland is bound by international obligations in decisions concerning asylum seekers. National legislation cannot be interpreted and enforced in a manner violating these obligations.

On the whole, fundamental and human rights can only be restricted when necessary and only to the extent necessary. Nevertheless, the right to apply for international protection must be safeguarded in all circumstances. 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 and degrading treatment.

Extensive rights for everyone requesting international protection are enshrined in legal instruments such as the EU Directive on common procedures, regardless of whether such requests are made in a specific place or to the correct authority. These rights are not realised if requests for asylum are ignored at closed border crossing points.

The equal realisation of the real and effective right to seek asylum requires identifying and addressing the vulnerable status of individuals. According to the Border Guard Act, vulnerable individuals must be taken into consideration also when asylum seeking 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. 

- The Finnish Border Guard must now ensure that everyone on duty at the border is capable of identifying vulnerability and that there are processes in place for admitting vulnerable individuals to Finland, Stenman says.

The Non-Discrimination Ombudsman also emphasises that the Government should constantly assess the decision to centralise international protection and change it immediately when this measure is no longer necessary.

Additional information and interview requests
The Non-Discrimination Ombudsman's communications department, telephone: +358 295 666 813, email: [email protected]

The Ombudsman's duty to promote the rights and status of foreign nationals

The Non-Discrimination Ombudsman plays a special role under the Aliens Act in complementing the legal protection of foreign nationals and monitoring the safeguarding of their rights. The Ombudsman aims to promote the realisation of the rights of the most vulnerable foreign nationals, such as asylum seekers and paperless individuals.

The Ombudsman has the right to be heard in matters pertaining to asylum seekers or deportation of foreign nationals on a case-by-case basis. The Ombudsman also has the right to access a wide range of information concerning foreign nationals. The Ombudsman has access to the register of foreign nationals (register of aliens) and the right to be informed about certain decisions, including all decisions taken by the Finnish Immigration Service and administrative courts under the Aliens Act.

The Non-Discrimination Ombudsman is also tasked with overseeing the enforcement of deportation at all stages of the process.

Information on the Ombudsman's statutory tasks.

24.11.2023