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27/03/2020
FI: The Supreme Administrative Court referred a case back for omission to conduct asylum interview in a subsequent application procedure

ECLI
FI:KHO:2020:T1415
Input Provided By
EUAA IDS
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR);
Reference
Finland, Supreme Administrative Court [Korkein hallinto-oikeus], Applicant v Finnish Immigration Service (Maahanmuuttovirasto), FI:KHO:2020:T1415, 27 March 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1281
Case history
Related cases:
Abstract

The case concerned a subsequent application submitted by the applicant, where the FIS decided to continue the asylum procedure after a preliminary examination. The FIS heard only one of the applicants in accordance with article 97a of the Aliens Act and refrained to conduct an interview for one of the adult applicants pursuant to article 97 of the Aliens Act, considering it unnecessary. The Supreme Court referred the case back to FIS for reconsideration and concluded that even if the applicant had lodged an application for international protection with the police, this procedure does not amount to an asylum interview within the meaning of article 97a of the Aliens Act.

Country of Decision
Finland
Court Name
FI: Supreme Administrative Court [Korkein hallinto-oikeus]
Case Number
Date of Decision
27/03/2020
Country of Origin
Keywords
Assessment of Application
Asylum Procedures/Special Procedures
First Instance determination
Subsequent Application